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Terms and Conditions

Version 1-23 Date: June 1, 2023

1. INTRODUCTION

Grupo EYSA is one of the leading Spanish groups providing mobility solutions with over half a century of experience working with cities to improve mobility through a wide range of services and a strong commitment to innovation.

The services offered by Grupo EYSA in more than 100 cities include the implementation and operation of various mobility contracts such as regulated surface parking management, off-street parking, park and ride facilities, and the integration of these services with public transportation. They also provide access control, traffic regulation and control, road safety, Low Emission Zones, enforcement and processing of penalties, as well as mobility and micro-mobility management.

To facilitate user access to all our services or services provided by third parties, we have developed a set of applications and websites adapted to different geographical environments, countries, and cities where we operate with our solutions.

One of these applications is the Mowiz App, through which you can access the available mobility services in each enabled city or environment, such as parking, ticket purchasing and validation for public transport, access control, and Low Emission Zones.

2. OWNERSHIP OF THE WEBSITE AND APP

Within the Grupo EYSA, the company that owns this website and the Mowiz App for the management and payment of mobility services within the European scope is Mowiz S.L.U., hereinafter referred to as "MOWIZ-EU", which is a subsidiary of Estacionamientos y Servicios S.A.U or EYSA. The owning company is domiciled at C/ Albacete, 3 1st floor, Edif. Mizar 28027 Madrid, Spain, with CIF B-88542360, registered in the Mercantile Registry of Madrid, Entry 729, Diary 127, Volume 39.954, Page 166 (Sheet M-799643), and its email address is info@mowiz.com

3. PRELIMINARY INFORMATION

The relationship between the CLIENT and MOWIZ-EU shall be governed by the provisions of these General Terms and Conditions of Contract and, where applicable, the specific terms and conditions of the various Services, as defined below, or as established for part of them on the website www.mowiz.eu and/or the corresponding Applications of MOWIZ-EU exclusively within the European scope. The provisions of the General Terms and Conditions apply in full to the Services regulated in this document.

3.1 Definitions:

Service Locations: The zone and list of service locations for each city where MOWIZ-EU operates the Service will be updated on the website www.mowiz.eu .
The terms "client," "user," or "registered user" refer to the individual or legal entity that, upon accepting these Conditions, adheres to the Mowiz Service and, where applicable, makes use of the mobility services offered by MOWIZ-EU on one or more occasions.
Mowiz Service or Service: The service provided by MOWIZ-EU that allows users with smartphones or personal computers within the European scope to make use of the mobility services provided through native applications for each platform or through the website, hereinafter referred to as the SERVICE.
Mowiz Applications or App: Software licensed for use by MOWIZ-EU that allows the management of the mobility services provided through Mowiz via native applications on iOS and Android mobile devices and through the website on any device with a web browser.
MOWIZ-EU Customer Support Center (ATC): Telephone and/or electronic assistance service for the CUSTOMER of Mowiz mobility services.

4. MOWIZ-EU MOBILITY SERVICES

MOWIZ-EU, through its brand Mowiz, enables the use and payment of different mobility services through a customer's smartphone or computer, providing various access capabilities depending on the services selected by the CLIENT from those offered at any given time and location, hereinafter referred to as "Mowiz Services."

The use of Mowiz Services is governed by these General Terms and Conditions of Contract, which regulate, among other aspects:

Registration or membership to the Mowiz Service, including any necessary prior validations (payment method, vehicle license plate, tax information, etc.).
Rates and prices set by Mowiz for the use of the aforementioned services, as well as any specific terms and conditions, which may be found for each service on the website www.mowiz.eu
Responsibilities of the Parties and, where applicable, the applicable insurance regarding such responsibilities.

Acceptance of the Terms and Conditions is mandatory and essential for registering for Mowiz Services and for using the mobility services provided through Mowiz applications. Therefore, such acceptance must occur at the time of user registration or when contracting a mobility service for the first time.

Registration for Mowiz Services may be done concurrently with the first-time contracting of a mobility service. Registration will not be completed until MOWIZ-EU confirms the acceptance of such registration and/or completes the necessary prior verifications as specified in these Conditions. MOWIZ-EU will confirm through electronic means (email, SMS, notifications in the App) that the registration has been accepted and, therefore, that the user has joined the Service. In any case, MOWIZ-EU will only accept the registration of applicants who meet the pre-established conditions.

Among the services available in different Locations, which may be expanded in the future, the CLIENT may, through the applications or the website:

Contract and reserve products or stays (reservations, subscriptions, vouchers, and rotation) in public parking facilities (also referred to as "parkings" in these conditions) owned by third parties, including transfer services to connect with transportation terminals or vehicle delivery and retrieval services provided by drivers or valets. In some parking facilities, MOWIZ-EU is responsible for collecting municipal fees on behalf of municipalities or concessionaire companies, as well as invoicing parking managers/operators for services contracted by the CLIENT.

For more details about the services offered by MOWIZ-EU at any given time and in each Location, please consult the website www.mowiz.eu , which will provide an updated list of all the services available at each Location and accessible through the Applications.

Termination of service: These Conditions, as well as any specific terms that may apply to the various Services, will govern the relationship between the Parties (MOWIZ-EU and the user) until the user voluntarily terminates the SERVICE or MOWIZ-EU decides to terminate the user's status, based on its ability to revoke the user's condition from any holder and terminate the relationship between the Parties for breach of these Conditions.

Update of terms and conditions: In any case, MOWIZ-EU may review and modify these Terms and Conditions at its discretion, both materially and temporarily. In such a case, it will communicate the existence of changes or modifications through the usual electronic channels or means of communication with the user (email, SMS, notifications in the App), specifying the specific date from which the new version of the Conditions will take effect.

The use of the service from that date onwards implies the full and unconditional acceptance of the new Conditions, without prejudice to the provisions of clauses 12 and 13, concerning the protection of personal data and the options for processing based on the user's specific consent, as provided in this clause. In any case, the applicable Conditions for each registration in the mobility services will be those in effect at the time of such registration or use.

5. REGISTRATION AND ACCESS TO MOWIZ SERVICES

Acquiring the status of CLIENT occurs at the moment of user registration on MOWIZ-EU websites or applications or upon the first contracting of a mobility service. To become a Mowiz CLIENT, you must meet the following requirements:

Personal information: Only individuals who are 18 years or older can register and use the Service. During the registration or when contracting a mobility service, you must provide all the mandatory personal information requested. Additional voluntary information may also be requested.

You are responsible for ensuring the accuracy and currency of the data, both personal and otherwise, provided during the registration process or when using or contracting the Service. MOWIZ-EU reserves the right to block users suspected of providing false or outdated information and, at its own discretion, terminate the relationship between the parties without any compensation or indemnification to the user.

Access methods: You can access Mowiz in the European area through the website www.mowiz.eu or by downloading and installing the Mowiz Application, available for Spain on the App Store (iOS) and Google Play (Android). To use the Application, you must have a mobile phone compatible with the technical requirements of the Mowiz Application. MOWIZ-EU shall not be liable in any way for damages or malfunctions caused by downloading, installing, or using the Application or App, or due to lack of updating by the customer.

Login credentials: During the registration process, you will create a password to access your user account, which will provide access to various features when logged in, such as accessing consumption data, transactions, and modifying personal information, special rates, etc. You can access your account on the Internet portal www.mowiz.eu , which is also accessible through the Mowiz App. You are obligated to keep your password strictly confidential and protect your information from unauthorized access by third parties. You are liable for any damages that may result from the loss of your login credentials. If the registration process occurs simultaneously with the first contracting of a mobility service, MOWIZ-EU will create a user account linked to the email address provided by the customer, who can later establish a password to access their account.

Availability of data network and positioning services: Considering the state of technical tools, the provision of the Service may be subject to restrictions or inaccuracies beyond our control, and we assume no responsibility for them. This specifically applies to the availability of data services provided by telecommunications and mobile network operators, positioning services through the global satellite navigation system, and Internet access. The lack of availability or coverage of the data network may, in specific cases, cause certain services to be unavailable due to the necessary data transmission not functioning. Additionally, these services may be affected by atmospheric interferences or topographic obstacles (such as bridges, tunnels, buildings). The same applies to positioning services based on the global satellite navigation system. Furthermore, Internet usage may be subject to additional restrictions (such as network overload). Temporary capacity deficits may also occur due to peak loads on services, mobile or fixed networks, or the Internet.

Payment method and authorization: To use the services offered under the Mowiz brand, advance payment may be required on our websites or in the App. In other cases, payment can be made directly to the service operator upon starting or finishing the service, as determined by the operator.

When advance payment is required, MOWIZ-EU will provide the corresponding payment alternative(s) available at the time, which may include:

Payment per service: The CLIENT must authorize payment through the available payment methods or gateways for service contracting.
Account or virtual wallet: Service contracting may require associating a payment method (e.g., debit/credit card) with the user's Mowiz account, either during the registration process or before being able to contract a service. To do so, the user must provide the corresponding information to enable charging the virtual deposit or wallet maintained with MOWIZ-EU with the amount determined by the user at any given time. The cardholder or at least one co-holder of the payment method must match the user. When the use of the virtual wallet is necessary, the user authorizes MOWIZ-EU to charge the designated payment method for amounts resulting from the use of the Service and, in general, the application of these Terms (fees, prices, damages, management expenses, etc.). Once a debit/credit card is set as the payment method, it can be changed to another card that meets the same requirements, but it cannot be removed as it serves as a guarantee of payment for deferred services. If selected by the user in the configuration options, or in any case when a service has been contracted and there is insufficient balance in the wallet, automatic top-ups can be performed for the amounts established by the user or specified in the specific conditions of the Service. The minimum amount for automatic top-ups is five euros, to cover payments for services below that amount.
Recurring fees charged via direct debit to the bank account or credit/debit card linked to the current account designated by the CLIENT, who commits to maintaining sufficient funds to meet payments due to MOWIZ-EU. The payment date will be the one on which the credit institution receives notification from MOWIZ-EU regarding the amount to be debited from the CLIENT. MOWIZ-EU reserves the right to block the CLIENT's access by means of written notification (a simple email will suffice) if payments are not received within five (5) days after their due date. In case of non-payment due to insufficient funds or returned payments, the CLIENT will bear the additional expenses resulting from these situations for which they are responsible. The CLIENT authorizes MOWIZ-EU to attempt the collection of the contracted services and to charge a management fee of 3 euros for each returned debit note, provided that the CLIENT is responsible for the return.
Tokenization of payment method: The CLIENT agrees that, in order to ensure transaction security, prevent fraud, and protect the confidentiality of financial information, the data of their card or payment method provided under this contract may be subjected to a tokenization process. This involves converting such data into a unique code, maintaining the integrity and security of sensitive financial information without exposure. MOWIZ reserves the right to use payment method tokenization to pre-authorize or block an estimated amount of the cost of a service, for the charging of recurring services, as well as for the charging of contracted services whose final amount is not known in advance, with the final charge being made when the service is completed and proceeding to unblock or return the pre-authorized amounts.

Activation fees: Access to services may require the payment of an activation fee, as specified on our App or websites.

License plate access: The use of automated access and payment services in parking lots requires activating the license plate access option by the user. A user can only have license plate access active for one specific vehicle at a time. If that vehicle is associated with different users, only the first user who activates it will have access to these services. The user can modify this activation/deactivation at any time when adding a vehicle to their account.

6. PRICE POLICY

All prices shown include VAT and, if applicable, other taxes, unless otherwise stated on our website or app. Additionally, the price includes any management fees and applicable discounts or promotions, which will be considered accepted by the CLIENT at the time of purchasing the product or service.

Please note that promotional rates for products or services may be subject to restrictions and special cancellation and refund conditions, which will be indicated during the purchase process. It is the responsibility of the CLIENT to review and verify the data and conditions of the purchase before completing it.

Since service prices can also vary depending on the season, special offers, or the timing of acquiring a product or service, if you need to modify a reservation, it is possible that a new rate will apply.

Discounts, promotions, or promotional balances may be granted and directly credited to the uses's account, and can be accessed through the website or app. Discounts in the form of a balance may have a specific validity period, which will be specified in each case in the terms of the promotion.

The expiring free balance will be consumed first and can be used as a method of payment, subject to the usage or application limitations specified by the promotional balance or promotion at the time of acquiring a product or service. If the balance is not used during its validity period, you will lose the right to enjoy it.

Promotions may have a specific duration, target different user profiles, or require the input of promotional codes during the registration and/or purchase process of the service or product.

Invoices presented to the CLIENT will clearly separate the pricing elements charged for the presented services, distinguishing, if applicable, the amounts and taxes collected on behalf of third parties.

Unpaid invoices on the due dates, due to reasons not attributable to the financial institution, will incur late payment interest equal to the legal interest rate plus two points, without prejudice to the consequences that may arise from non-compliance, which may include the suspension or cancellation of the service, subject to communication from MOWIZ-EU to the CLIENT within a minimum period of 7 calendar days.

7. MODIFICATION OF SERVICE CONDITIONS

The features, products, and/or services that we offer you through MOWIZ-EU may undergo changes over time. In order to carry out these changes efficiently, we may not be able to inform you in advance. However, we commit to communicating such changes to you via email, notifications, pop-ups, or other elements available on the website or applications. Therefore, please be aware that we have the right to modify, remove, or add content and functionalities to the platform, as well as change how services are presented or arranged. However, it is important to note that this right to update and improve functionalities, products, and services will not affect the conditions of products and services you have previously contracted.

Please note that when you book a service, you may benefit from discounts or special prices, but some operators do not guarantee availability, which may depend on occupancy at the time of access. In these cases, the reserved service may be canceled by the parking provider if they inform us of the inability to fulfill the reservation. Both Mowiz and the parking provider may cancel a reservation if the parking provider cannot fulfill it, and a full refund will be provided, including any management fees if applicable. You can find more details in the Cancellation and Refund section. If you have previously paid for the service through Mowiz, you will receive a full refund, including any management fees if applicable.

In the event of any modifications to the service conditions, if applicable, MOWIZ will communicate them to the CLIENT at least 7 calendar days before they come into effect. If the CLIENT does not express any objections within that period, the modifications will be considered accepted. If the CLIENT expresses disagreement with the modifications, EYSA is authorized to unilaterally terminate the provision of services governed by these Terms and Conditions, without any penalty or additional cost to the CLIENT.

Furthermore, the CLIENT may modify the conditions of the contracted service at any time in terms of fee changes or service cancellation, with the limitations established in these General Conditions or those specifically applicable to different services, through the user panel provided to the CLIENT. It should be noted that a billed and paid period or product cannot be refunded unless the cancellation is due to technical problems for which MOWIZ-EU is responsible.

The balance in users' wallets obtained through coupons, codes, or promotional top-ups can only be redeemed for services booked through mowiz.eu or MOWIZ-EU apps. Under no circumstances can the user request a cash refund of the accumulated balance in their wallet obtained through coupons, codes, top-ups, promotions, or promotional balances.

8. CANCELLATION AND REFUND POLICY

The cancellation or modification policy applicable to each product is specified in the legal conditions, as well as linked in the confirmation email provided by the user during the purchase process and in the booking or purchase receipt received by the user upon completion of the process. It is the responsibility of the CLIENT to carefully read these conditions before making the purchase.

CANCELLATION OF RESERVED PARKING STAYS

If, for any reason, you will not be using the services of the contracted parking, you must cancel the service with sufficient notice to be eligible for a refund, subject to the terms and conditions published by the parking facility where you made the reservation and these general contracting conditions.

Please note that some rates and special offers do not allow changes, cancellations, or refunds by the parking facility, which will be indicated during the reservation process.

If you want to review, modify, or cancel your reservation, please refer to the confirmation email or the corresponding help section and follow the provided instructions.

Keep in mind that to modify a reservation, it may be necessary to make a new reservation with new conditions and cancel the previous one. Make sure first that you can make a new reservation before canceling the old one.

CANCELLATION NOTIFICATION

Regarding cancellation notifications from the CLIENT to Mowiz, please take note of the following:

Requests for cancellation made through the cancellation link provided in the booking confirmation email or from the "My Bookings" section will be automatically processed upon submission, and the CLIENT will receive an automatic cancellation confirmation.

Requests for cancellation made via email will be considered during the customer service hours when MOWIZ-EU staff processes the cancellation, which may differ significantly from the time the client submits the request via email. It is therefore very important to request cancellation through the cancellation link provided in the booking confirmation or from the "My Bookings" section.

CANCELLATION AND REFUND POLICY

For prepaid rates on our website with cancellation and refund rights, the following conditions apply:

Products with flexible cancellation and modification policy up to 1 hour before the confirmed arrival time in the booking or voucher: When specified, users can cancel or modify their parking reservation up to 1 hour before the confirmed entry time stated in the product purchase and indicated in the booking voucher, with full refund entitlement. If the user or beneficiary of the reservation fails to show up at the parking facility, wishes to cancel or modify the reservation after the allowed period or after the arrival time confirmed in the voucher, they will not be able to modify, cancel, or claim full or partial refund of the purchase
Products with flexible cancellation and modification policy up to 24 hours before the confirmed arrival time in the booking or voucher: When specified, users can cancel or modify their parking reservation via MOWIZ up to 24 hours before the confirmed entry time stated in the product purchase and indicated in the booking voucher, with full refund entitlement. If the user or beneficiary of the reservation fails to show up at the parking facility, wishes to cancel or modify the reservation after the allowed period or after the arrival time confirmed in the voucher, they will not be able to modify, cancel, or claim full or partial refund of the purchase.

COMMON EXCLUSIONS THAT DO NOT QUALIFY FOR REFUND:

Please note that once the cancellation period has passed, the following common incidents do not qualify for a refund.

Modifications, changes, or cancellations of the trip: MOWIZ-EU is not responsible for changes in your trip (flights, cruises, trains), and it is the CLIENT's responsibility to inform and adjust the reservation schedule to the new travel details. Please note that to modify a reservation, it may be necessary to make a new reservation with new conditions and cancel the previous one. Please make sure you can make a new reservation before canceling the old one.
Loss of valet service or transfer to the terminal: It is the CLIENT's responsibility to plan the arrival at the parking facility with sufficient time for the connection, if applicable, with bus services or transfer to the terminal, or to plan the meeting schedule with the valet, notifying the parking facility of any changes. The relevant contact information is provided in the booking confirmation.
Use of another parking facility: It is the CLIENT's responsibility to plan the arrival at the parking facility, whose detailed address or contact instructions for vehicle drop-off and pick-up are provided in the booking confirmation. If the CLIENT parks in another location due to arriving late or not finding the reserved parking facility on time, there will be no refund.
Early return: Unused days or fractions of a day are non-refundable.
Vehicles: It is the client's responsibility to assess if their vehicle is accepted, as the vehicle type information is displayed on the website or app or can be consulted with MOWIZ-EU customer service if in doubt.
Handling fees: In the case of a management fee, there will be no refund under any circumstances, except for cancellations initiated by Mowiz or the parking provider.

CANCELLATIONS INITIATED BY THE PARKING PROVIDER

Please note that when booking a service, you may benefit from discounts or special prices, but some operators do not guarantee parking availability, which may be subject to occupancy at the time of access. The reservation does not guarantee a parking space. In some cases, therefore, the reserved service may be canceled at the parking provider's request, indicating the inability to fulfill the reservation. Both Mowiz and the parking provider can cancel a reservation if the parking provider cannot fulfill it. In this case, prepaid rates will be fully refunded. If required, MOWIZ-EU will notify and communicate to the CLIENT the other available parking options on the website where the CLIENT can use a similar service.

CANCELLATIONS OF SUBSCRIPTION PRODUCTS

When purchasing a monthly subscription with a defined period of stay or membership, the CLIENT enjoys a discounted price compared to the regular selling price for shorter periods of stay or membership. In the event that the CLIENT decides to cancel their subscription (monthly, quarterly, semi-annual, or annual) within the designated period of stay or membership, the CLIENT understands and agrees to pay the parking facility the difference between the discounted price and the regular public selling price for each month stayed in the parking facility. The refund calculation will take this circumstance into account when canceling a subscription.

9. CUSTOMER SERVICE, INCIDENT RESOLUTION, AND COMPLAINTS

The MOWIZ Customer Service, hereinafter referred to as the CS, provides the CLIENT with technical assistance services via telephone and/or electronic means such as email or the support forum (subject to any call or data transmission charges that the CLIENT may incur).

The CLIENT can contact the CS at the email address info@mowiz.com . Unless in cases of force majeure, the CS will address any incidents affecting the operation of the mobility services during business days from 09:00 to 21:00, and from 9:00 to 15:00 on Saturdays, and will reasonably endeavor to resolve the queries or incidents raised.

In the event of a complaint, the CLIENT can also request a complaint form via the provided email.

If the diagnosed incident is due to defects or original flaws in the Equipment and/or installation services provided by EYSA, they will be responsible for repairing the equipment within a maximum period of 72 business hours.

10. RESPONSIBILITY

MOWIZ-EU makes all necessary technical and organizational efforts, but its role is limited to the commercialization of third-party mobility services with which MOWIZ-EU has marketing agreements.

In some cases, when the user opts for it and the service is available through MOWIZ-EU, the provision of the service involves the opening and registration of access to parking lots or operators through the license plate opening system to which MOWIZ-EU is connected.

However, MOWIZ-EU does not guarantee that the services provided by third parties will function with absolute, constant, reliable, and uninterrupted security, without delays or interruptions.

Since the different mobility services offered by third parties are not a guaranteed service, MOWIZ-EU will not be held responsible for the lack of availability of these services, regardless of the cause of the unavailability.

By contracting the services of MOWIZ-EU, the user expressly accepts the current access and usage conditions at the parking lots or other mobility services they intend to use, and understands that these rules are solely dictated by the parking lots or service providers.

Regarding exemptions from liability.

The CLIENT shall be responsible for any damages and/or losses caused to MOWIZ-EU, whether due to fraud, negligence, or fault, in compliance with this agreement.

MOWIZ-EU assumes no responsibility when the CLIENT or the persons for whom the CLIENT is responsible are at fault or responsible for such damages and losses, including the loss of connections with other modes of transportation such as flights, trains, ships, or similar. It is the responsibility of the CLIENT to plan adequately and with sufficient time for connections, observing the recommended advance notice for boarding, as well as to provide and review that the data provided by the CLIENT when contracting a mobility service are correct and compatible for the connection with other modes of transportation.

MOWIZ-EU assumes no responsibility for damages and losses of any kind to vehicles, individuals, or properties, including, without limitation, those caused by negligence, as well as any direct, indirect, or expressly warned damage arising from, or in connection with, the access or use of the parking lot(s) or the intervention of drivers or valets who perform the task of delivering and picking up vehicles, in which case the user must directly address the owners of the parking lots.

MOWIZ-EU shall not be held liable for any damages and/or losses and/or missed profits incurred by the CLIENT or any other third party as a result of the operation of the service offered through our platform, nor for any circumstances of force majeure, fortuitous events, failures, or errors in communication lines, or defective or faulty provision of the Internet access network, provided that such failures are not solely and exclusively attributable to MOWIZ-EU.

MOWIZ-EU assumes no responsibility for errors related to the descriptive information of services offered by third parties on its platform, including location, hours, rates, availability of spaces, opinions, and service ratings. The parking lot owners are always responsible for managing the information describing their services and published on our platform by the owners themselves through access to their Management Panel.

MOWIZ-EU assumes no responsibility for the content and information of services offered through links from any other website, including their functionality, usefulness, reliability, or accuracy of the websites to which the CLIENT may connect through the tabs available in the application, which are websites belonging to independent companies without any association or relationship with MOWIZ-EU.

MOWIZ-EU cannot view, edit, delete, modify, or review any content included on any other website prior to its transmission to the CLIENT, therefore MOWIZ-EU does not guarantee that the contents of the websites accessed through the services provided by MOWIZ-EU will be constantly updated, compliant with the law, morals, good faith, and/or good customs, accurate, lawful, truthful, and/or comprehensive, or that they will be useful to the CLIENT or will not contain any kind of error, for all of which.

MOWIZ-EU assumes no responsibility for any incorrect operation, defects, failures, and/or damages caused, in whole or in part, to any hardware, software, and/or computer programs owned by the CLIENT and/or third parties, as well as for the loss, alteration, and/or damages, total or partial, to information contained on magnetic media, disks, tapes, floppy disks, and others owned by the CLIENT and/or third parties, as well as for the introduction of computer viruses or unwanted variations or alterations to any information, documents, files, databases, hardware, and/or software owned by the CLIENT and/or third parties, provided that such damages are not attributable to MOWIZ-EU.

MOWIZ-EU provides all technical and human means at its disposal, but due to the shared nature of wireless connections, it cannot guarantee privacy and security in the use of the Services by the CLIENT, and, in particular, does not guarantee that unauthorized third parties may not become aware of the class, conditions, characteristics, and circumstances of the CLIENT's Internet usage or that they may not access and, if necessary, intercept, delete, alter, modify, or manipulate in any way the contents and communications of any kind that the CLIENT transmits, disseminates, stores, makes available, receives, obtains, or accesses through the Services.

MOWIZ-EU excludes, to the fullest extent permitted by law, any liability for damages and losses of any nature that may arise from third parties' knowledge of the class, conditions, characteristics, and circumstances of users' Internet usage or that may arise from the access and, if necessary, interception, deletion, alteration, modification, or manipulation in any way of the contents and communications of any kind that users transmit, disseminate, store, make available, receive, obtain, or access through the services.

In conclusion, MOWIZ-EU assumes no responsibility for any damages, injuries, and/or missed profits incurred by the CLIENT or any other third party that are not solely and exclusively attributable to MOWIZ-EU.

11. REFUND POLICY FOR SERVICE FAILURE

MOWIZ-EU commits to apply a refund or credit policy to those CLIENTS of the SERVICE who are affected by a failure attributable to our obligations regarding our services, up to a maximum total amount of the total cost of the contracted service, whether it is for one case or a series of cases, and provided that such failure is not caused by the reasons listed in this clause and/or is covered by the liability exclusions in clause 10. - LIABILITY.

Except in those exceptions, MOWIZ-EU will apply a refund on the CLIENT's invoice proportional to the service interruption.

The following will not constitute unavailability:

Cancellation of other means of transportation unrelated to MOWIZ-EU, such as flights, trains, boats, or similar.
Interruption of any Mobility Services due to maintenance operations of the communication network.
Discontinuity or interruption of Mobility Services due to hardware or software elements or actions performed by the CLIENT or third parties unrelated to MOWIZ-EU that prevent the proper execution or provision of the contracted Service.
Network maintenance operations.
Installation of hardware or software elements by the CLIENT on their computer equipment that prevents the execution of the SERVICE.
Discontinuity or interruption of Mobility Services due to adverse weather conditions.
Failure in the provision of the communication line or coverage by an external provider to MOWIZ-EU.
Failure in the power supply or manipulation of hardware equipment by unauthorized personnel.
Serious causes of force majeure, both natural (earthquakes, floods, etc.) and artificial (intentional or fortuitous fires, sabotage, attacks, strikes, etc.).

Days without SERVICE will always be counted from the date of the incident registration by EYSA's ATC, taking into account that the service hours are from 9 am to 9 pm on business days and from 9 am to 3 pm on Saturdays.

12. COOKIE POLICY

MOWIZ-EU may use cookies of various types, purposes, and durations, indicating the options you have to configure, manage, or reject them. Further information is available through the link to the Cookie Policy

13. PRIVACY POLICY

Users who contract services or products provided through MOWIZ-EU or, where applicable, download mobile applications (Apps) associated with them will be subject to these General Contracting Conditions, as well as the processing of their personal data described in the Privacy Policy

14. NOTIFICATIONS

All notices, notifications, modifications, and communications from MOWIZ-EU to the CLIENT shall be deemed effective for all purposes when made in any of the following ways:

Sent by postal mail to the address provided by the CLIENT.
Sent by email to the address provided by the CLIENT during the registration or hiring of the SERVICE.
Communication by means of a telephone call to the phone number provided by the CLIENT in the Service Registration.
Communication through applications that allow authentication for the use of the SERVICE and/or the User Area.

MOWIZ-EU's notifications shall comply with the requirements of applicable regulations necessary for the proper development of contractual relationships. By using our services, you accept to receive notifications that are legitimate and necessary to ensure the operation of the services you are using.

MOWIZ-EU automatically sends email notifications to users informing them about registration, activation, or deletion processes of accounts during the process of contracting mobility services or when using the ad publishing services or subscribing to alerts for ads of interest.
If you use the real estate section to publish an ad, the provided information is voluntary and its purpose is to be disclosed to potential interested parties who may contact you as an advertiser through our email service, without having access to the email address, to prevent abuse of this information by third parties. When publishing your ad, you can choose whether to display the exact address or your contact phone number.
We also send notifications to evaluate the use of our services or associated parking lots or transportation operators. The received opinions may be displayed on the parking lot or operator information page on our website with the sole purpose of informing other users about your opinion of the service, the quality of the associated parking lot or operator, and its complementary services. We reserve the right to adapt, reject, or delete opinions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, that harm youth or childhood, public order, or public security, or that, in their opinion, are not suitable for publication. In any case, MOWIZ-EU shall not be responsible for the opinions expressed by users through ads, forums, comments on news, parking lot reviews, or other participation tools.

15. VALIDITY OF THE CONTRACT

If, due to reasons beyond MOWIZ-EU's control, the SERVICE cannot be provided to the CLIENT under the agreed terms prior to or during the provision of the SERVICE, MOWIZ-EU undertakes to immediately notify the CLIENT of this circumstance. The CLIENT may then choose to cancel the provided SERVICE or terminate the Contract without any penalties for either party.

Such reasons may arise from the withdrawal of a parking facility or operator that offers its services through our platform due to reasons beyond MOWIZ-EU's control, such as the cancellation of service at the request of the parking facility reporting the inability to fulfill the reservation.

In this case, prepaid fees will be fully refunded, and the CLIENT will be informed of alternative parking facilities available on the website where the CLIENT can avail the service.

By entering into this Contract, the CLIENT expressly and fully accepts these General Terms and Conditions, as well as any interpretative decisions made by the SERVICE provider.

16. INTELLECTUAL PROPERTY

The trademarks, logos, images, videos, drawings, etc. appearing on the websites of the EYSA Group and MOWIZ-EU services are the intellectual property of the EYSA Group and may not be reproduced, used, or represented without the express written authorization of EYSA.

It is prohibited to modify, copy, reproduce, download, disseminate, transmit, commercially exploit, and/or distribute in any way the services, website pages, or computer codes of the elements comprising the Services and the websites www.mowiz.eu and www.eysaservicios.com

17. APPLICABLE LAW AND COMPETENT COURTS

These General Terms and Conditions of Contract shall be governed by the applicable Spanish legislation.

Without prejudice to any rights that may be granted to the user as a consumer, any disputes and/or litigations shall be submitted to the jurisdiction of the Courts of the city of Madrid.

These General Terms and Conditions are available in multiple versions: English, Portuguese, and Spanish. In the event of discrepancies between the versions, the Spanish version shall prevail.