Check On-Board Diagnostics LLC CHKODB End User License Agreement

General Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THE SOFTWARE. YOU SHOULD INSTALL THE SOFTWARE ONLY AFTER YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREED TO BE BOUND BY THEM. YOU ALSO AGREE NOT TO INTERACT IN ANY MANNER WITH THE SOFTWARE WHILE YOU ARE DRIVING.
1.0 General Terms and Conditions
1.1 These General Terms and Conditions constitute the license agreement strictly between you, the End User and Check On-Board Diagnostics LLC, the Company determining the use of the SOFTWARE (the “Agreement”).
1.2 These General Terms and Conditions shall form an integral part of each instance of your use of the software as well as your software.
1.3 When the software of the Company is distributed by Apple and/or Google via their respective App Stores, Check On-Board Diagnostics LLC remains solely responsible for the licensed software and the content thereof.
1.4 Before using our software, you must agree that you have read and agree to strictly follow the rules written in our “Warnings” located at: https://chkobd.com/warnings/ 
1.5 Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. 
2. Definitions
2.1 Check On-Board Diagnostics LLC. (“Company”) is a Company with its registered office in Dover, Del. ┬áTo contact us, please use https://chkobd.com/contact-us/
2.3 Check On-Board Diagnostics LLC. is hereby known as the “Company”. 
2.4 Check On-Board Diagnostics LLC.’s software and associated web sites is herby known as Software, including any third-party software that may be included as part of the Software. 
3. Company’s Software 
3.1 Company has the knowledge, the experience and the SOFTWARE to acquire data of your car via the OBD port and transfer these into the database of the Company through a simple and automatic application over the Internet or other networks. 
3.2 Company will improve and update its SOFTWARE from time to time. Each time you use our SOFTWARE, we may compare it with the latest available version, and automatically update your SOFTWARE version free of charge while the term of your account is in good standing. Otherwise the COMPANY may charge a nominal fee to provide these updates, or because of technical difficulties in supporting older SOFTWARE, your account might be temporarily disabled.
3.3 The company does not include adware, malware, spyware, or other such software as part of its offerings. The company may include third-party software as part of its offering to add features or functionality to the SOFTWARE. All rights and copyrights are reserved for the third-party software. 
4. License
4.1 Company agrees to grant you a single, revocable, non-exclusive and non-transferable license to use our SOFTWARE.
4.2 This SOFTWARE is owned by Company and is protected by copyright laws and international treaty provisions. No title to intellectual property is being transferred. You may not modify, reverse engineer, decompile or disassemble the SOFTWARE. 
4.3 You understand and agree to become a registered customer of Company while using our SOFTWARE. 
4.4 You understand that the Company can restrict or limit access to the SOFTWARE at anytime.
4.5 This SOFTWARE is not necessarily free, and “In App” purchase is offered. In the case of an of “In App”, purchase, the agreement to use the Software is strictly limited by the length of the purchase. After the elapsed time, the use of Software can be renew or cancelled by the End User.
4.6 The terms of this agreement can be altered at any time without notification.
5. Privacy Statement
5.1 The Company collects information about your car, you and your account, for example, your email address together with the VIN of your car can be used as account name. Please refer to the Company Privacy Policy located at: https://chkobd.com/privacy-policy/ for the policies that are in effect. 
5.2 The Company may disclose information about you in the case that the Company must respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; Or the Company believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this agreement, or as otherwise required by law.
5.3 The Company may use your account information to let you know about special offers, product enhancements or other offers.
5.4 The Company may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to your email address or by placing a prominent notice on our site. 
6. Licensee’s Obligations
6.1 You agree that you shall use the SOFTWARE to extract data of your car via the OBD port, to view, and eventually modify, the data from your car that are acquired via the OBD port. A part of these data will saved on a database own by the company.
6.2 You hereby confirm that you have valid title of your car and are authorized to transfer some of the data obtained from the OBD port into the database of the Company.
6.3 You understand that the SOFTWARE uses propriety transfer mechanisms to acquire and transfer images data acquired via the OBD port into the database of the Company and if the SOFTWARE is not able to complete that transfer for any reason, the transfer of the data may be incomplete or otherwise fail to complete. 
6.4 You agree not to use the SOFTWARE for any purposes contrary to applicable laws and public uses.
7. Content 
7.1 You agree that you shall be fully and solely liable for the content of the data transmitted using the SOFTWARE, like false information about the car, i.e., mileage, age, VIN or any other information. You agree to hold Company harmless from and against any claims related therewith and to indemnify Company for any and all damage caused by not complying with this obligation. 
7.2 You agree to not use the SOFTWARE to:
a. impersonate any person or entity, including, but not limited to, a Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
b. extract, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
c. extract, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; 
d. extract, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
e. extract, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
f. “stalk” or otherwise harass another; or collect or store personal data about other users.
8. Warranties and Liabilities 
8.1 Company shall make reasonable efforts to ensure that the SOFTWARE is performing as it should. However, Company cannot guarantee in any way the performance and the quality of diagnostics of your car. 
8.2 The SOFTWARE is provided “as is”. The Company does not warrant that the SOFTWARE shall meet all of your requirements or that its operation shall be uninterrupted or error-free. You should therefore carry out appropriate testing of the SOFTWARE before using it. Should the SOFTWARE prove defective, we shall attempt to correct it but Company does not assume any liability for your costs incurred. Correction of the SOFTWARE shall be your sole remedy and Company’s entire liability. In no event shall Company be liable to you for any damages, including any lost profits, lost earnings or indirect damages such as lost or destroyed data, disruption of planning, claims of third parties, or other special, incidental or consequential damages whatsoever arising out of the use of or inability to use the SOFTWARE or for any other claim by you or by any other party even if an authorized distributor has been advised of the possibility of such damages in any of the foregoing cases.
8.3 Company cannot warrant the access to and the uninterrupted and/or error-free functioning of the Internet. The Internet is an open network and Company makes reasonable efforts to protect your privacy. However, Company cannot guarantee the confidentiality of the collected information. 
8.4 To the maximum extent permitted by law, Company shall not be liable for any damage (including but not limited to direct or consequential damages) incurred by you or any other person or entity or for the alternation, confusion, loss, destruction, theft, or any other form of misuse of the information about the car and/or yourself.
8.5 The warranties set out above constitute the only warranties of Company with respect to the performance of the SOFTWARE. They are in lieu of all other warranties, written or oral, statutory, expressed or implied, including, without limitation, the warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you.
9. Miscellaneous
9.1 This Agreement shall be entered into for an indefinite term and can be terminated by either party at any time by informing the other party in writing, including by posting a message on the Internet. Upon termination of this Agreement, you shall immediately erase the SOFTWARE from any carrier on which it is stored or destroy such carrier.
9.2 Company has the right to update these General Terms & Conditions at any time. You agree that you shall be bound to such new General Terms & Conditions from the point in time when you receive notice of such change. 
10. Your Account, Password and Security 
10.1 The VIN of your car and your email address are your user account designation. It is your responsibility to assign yourself a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 
11. Modifications to Software
The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the SOFTWARE (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the SOFTWARE.
12. Indemnity
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of content you submit, post, transmit or make available through the SOFTWARE, your use of the SOFTWARE, your connection to the SOFTWARE, your violation of the Agreement, or your violation of any rights of another.
Addendum to the Company End-User License agreement
Valid for the Company Software Applications acquired via Apple: 
1. Acknowledgement: The Company and the End-User acknowledge that this EULA is concluded between the Company and the End-User only, and not with Apple, and the Company, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services. Terms and Conditions apply as of the Effective Date of the Application acquisition.
2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. The Company and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company sole responsibility.
5. Product Claims: The Company and the End-User acknowledge that the Company, not Apple, are responsible for addressing any claims of the End-User or any third-party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.
6. Intellectual Property Rights: The Company and the End-User acknowledge that, in the event of any third-party claim, that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on that third-party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 
7. Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party Beneficiary: The Company and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third-party beneficiary thereof.