TERMS OF USE OF VOLTAS IT SERVICES

 

General provisions

1.     The present terms of use of Voltas IT services (the “Terms of Use”) will apply when using the website obdeleven.com (the “Site”) and mobile application OBDeleven (the “Application”). The Site and Application are collectively referred to as the “Services” in this document.

2.     The administrator of the Services is UAB “Voltas IT”, legal entity code 303255404, registered address at Inovacijų g. 3, Biruliškių k., Kauno r. sav., the Republic of Lithuania, e-mail info@obdeleven.com (“Voltas IT”).

3.     By agreeing with these Terms of Use you confirm that when using the Services you will provide Voltas IT with your correct, accurate and full personal data. Voltas IT does not assume responsibility and cannot be held liable for any damages arising out of provision of incorrect personal data necessary to ensure provision of Services. We process your personal data in compliance with Privacy policy of Voltas IT.

4.     If any provision of these Terms of Use becomes invalid in part or in full, it will not render ineffective the remaining provisions of the Terms of Use.

Using the Services

5.     The Services of Voltas IT can be used both by registered and nonregistered users, but to be able to benefit from all the functions and content of the Site and Application, you need to create your Service user account and, if you wish, to acquire the hardware and software of Voltas IT. By using the Services (despite the fact that you are a registered user), you commit to complying with these Terms of Use.

6.     You may register at the Site and Application and use the information contained on them, if such right of yours is not restricted by the provisions of applicable legislation (including, but not limited to requirements for the user’s age and legal capacity). By agreeing with these Terms of Use you confirm that you have the right to make an autonomous decision concerning the use of Services, or that you use the Services with the consent of your legal representative. In the event Voltas IT becomes aware that you are using the Services without having such right or in violation of provisions of these Terms of Use, we have the right to cancel your account, including all data of the user, or otherwise restrict your ability to use the Services.

7.     By registering at the Site and Application you confirm that you will use the created account personally and will not disclose your password and/or the data required for logging to any third parties. All actions taken after connecting to the Services in your name (as the user of Services) are considered taken by you personally, and you will bear all the responsibility for their consequences.

8.     Voltas IT strives for it, but does not ensure or guarantee that the Services are provided without interruptions, or that the information contained on the Site and/or Application is archived. At the discretion of Voltas IT, the Site, the Application and the information as well as the prices and functions contained on them may be changed or removed at any time without a separate prior notice.

9.     You may use the information contained on the Site and/or Application for your personal needs, but you must not plagiarise it or use it otherwise for profit or remuneration.

10.   Voltas IT enables the Service users to post their ads about offered or searched goods or services (Ads) on the Site and/or Application, to read or search for Ads, to write comments or direct messages to other Service users in relation to the Ads. The Service users may also set up and take part in public discussions (forums) with other Service users on the Site and/or Application.

11.   By posting Ads, comments, forum subjects or any other content created by you on the Site and/or Application, you assume all and any liability for such actions, and ensure that the nature of posted content is not illegal or legally restricted, incorrect, misleading, defamatory, threatening, discriminating, fraudulent, pornographic, inciting national, ethnic, racial or religious hatred, or otherwise infringing rights of individuals.

12.   Voltas IT is not responsible for any content created or posted by Service users on the Site and/or Application (including, but not limited to the Ads, comments, personal messages, subjects of discussions (forums), files, links, etc. uploaded by users). Voltas IT has the right (but is not obligated to do so) to check, at its own discretion, the content received from the Service user and transmitted further in order to identify any unwelcome content or any content infringing these Terms of Use in the context of using the Services, and to remove such content at its own discretion without a separate notice as well as cancel such user’s access to the Services.

13.   Voltas IT is not involved in any purchase and sale, exchange or any other transactions offered by you or other users of Services. The content created by you or other users of Services (Ads, opinions, offers, etc.) does not constitute an offer of Voltas IT to enter into a transaction, does not create any obligations nor otherwise bound Voltas IT which is not and may not be considered as an intermediary between you or other users of Services, your authorised person, surety, or otherwise associated with the content created by any user of Services.

14.   By creating content on the Site and/or Application, you commit to complying with the requirements for such actions, i.e. to post Ads / discussions / comments in the correctly selected category, to immediately remove your Ad that is no longer relevant, misleading or otherwise incompatible with these Terms of Use, to refrain from spreading any knowingly false or misleading information, advertising, offering goods and/or services trading in which is inconsistent with the legislation or good morals and ethical standards, to refrain from offering or using Services for any illegal conduct or transactions.

Software and hardware

15.   By using the Services of Voltas IT, you may acquire certain hardware (OBDeleven device, adapter, etc.) and software (OBDeleven mobile application, PRO version licence, etc.) enabling you to run a system diagnostics, carry out programming (coding), and monitoring of the selected vehicle, and to use other related functions. The hardware sold by Voltas IT operates only with OBDeleven mobile application.

16.   The list of vehicle models compatible with the hardware and software of Voltas IT (the List) is published on the Site and Application. Voltas IT ensures that the offered software and hardware are fit to be used and compatible with the vehicle models specified in the List, but Voltas IT does not assume any liability nor provide compensations in any form if you have acquired this equipment disregarding the fact that it is not fit for use with the vehicle models that are not on the List.

17.   The Application operates with all mobile devices which have Android 4.1 or later software version and use remote databases, accordingly the use of Services requires a good internet connection. To be able to enjoy good quality of Services, you have to meet the conditions necessary for appropriate functioning of the Services as described in these Terms of Use.

18.   Voltas IT would like to point out that by using the internet connection necessary for functioning of the Services you may incur certain expenses to pay for the services of the internet service provider. Voltas IT is not responsible for such costs, and is not obligated to refund them for you.

19.   The price for hardware and software of Voltas IT, the settlement and delivery procedure, the terms of return of goods, and other relevant information is described in the sections for ordering certain equipment on the Site and Application, also in Terms for Delivery and Return and Warranty Conditions.

20.   If you have acquired hardware of poor quality, you may return it to Voltas IT and request it to be replaced by a similar product of adequate quality, or to recover the money paid (credits used) for the product of inadequate quality. The software of Voltas IT cannot be returned or replaced whether you have used it or not.

Liability

21.   By using the Services, you confirm your awareness and understanding that you may affect electronic and technical systems of a vehicle by using the functions of Application. All the responsibility and risk of any effects on functioning of a vehicle resulting from the use of hardware and software of Voltas IT, including, but not limited to the effects on functioning of safety systems, rest exclusively with you.

22.   You must use the hardware and software of Voltas IT in a responsible manner, having critically assessed your knowledge about programing (coding) of a vehicle. The use of functions of the Application may disarray the default (factory) settings of the vehicle, and disrupt work of the key systems, including braking, safety and others as a result of which the vehicle may become unfit or unsafe to be operated. The use of functions of the Application may void the warranty applicable to the vehicle, its separate parts and systems, and accordingly you should contact vehicle manufacturer’s representatives for validity of warranty terms. We do not advise using functions of the Application if you do not have special knowledge of programing (coding) of a vehicle.

23.   The use of the Application functions may inflict damage on your or third party property, health or life. Do not use the Application, if you do not understand, anticipate and/or wish to experience the effects that may be caused by the use of certain functions, including, but not limited to those listed below:

- Adaptations;

- Long Adaptations;

- Basic Settings;

- Security Access;

- Coding;

- Coding II;

- Long Coding;

- Subsystem coding;

- Output test;

- Gateway list coding;

- Change diagnostic service.

24.   VOLTAS IT DOES NOT BEAR ABY DIRECT OR INDIRECT LIABILITY FOR PECUNIARY OR NON-PECUNIARY DAMAGE CAUSED OR THAT MAY BE CAUSED TO YOUR OR THIRD PARTY PROPERTY, HEALTH OR LIFE AS A RESULT OF USE OF THE HARDWARE OR SOFTWARE OF VOLTAS IT.

25.   VOLTAS IT DOES NOT BEAR ABY DIRECT OR INDIRECT LIABILITY FOR THE WARRANTY APPLICABLE TO THE VEHICLE, ITS SEPARATE SYSTEMS OR PARTS, OR FOR INVALIDITY OF SUCH WARRANTY AS A RESULT OF USE OF THE HARDWARE OR SOFTWARE OF VOLTAS IT.

26.   In any case the liability of Voltas IT arising out of or related to the Services or these Terms of Use is restricted to the maximum amount you have paid for the use of Voltas IT Services.

27.   For your own safety, Voltas IT warns you against using the Services while driving. Voltas IT is not responsible and will not indemnify for any damages sustained due to failure to observe this provision.

28.   All the provisions of these Terms of Use irrespective of their language are binding upon you if you use the Services of Voltas IT.

29.   When you access the Services as a user, these Terms of Use do not restrict or forfeit your rights guaranteed by provisions of applicable legislation.

Intellectual property

30.   Voltas IT will retain the title and copyright (unlimited by territory) to the Site and Application as well as to the information provided on them, including (without any restrictions) provision of content, images, texts, other graphic elements, logos, photo images, and videos on the Site and Application.

31.   Links to third party websites which do not belong to Voltas IT may be posted on the Site and/or Application. We do not control, in any manner, the websites the links to which are provided, and do not evaluate the content of those websites, nor assume any responsibility for their content, the use of or accessing such websites.

Final provisions

32.   The law of the Republic of Lithuania applies to the relationship between you and Voltas IT arising out of the use of Services and governed by these Terms of Use.

33.   Any disagreements between you and Voltas IT arising out of provision of Services or these Terms of Use will be solved through negotiations, and in the event of failure to reach an agreement, the disputes will be resolved at a court of the Republic of Lithuania based on the domicile of Voltas IT.

34.   Voltas IT may, at any time, assign its rights and obligations arising out of the use of Services and these Terms of Use to any third parties without a separate notice to you.

35.   Voltas IT has the right to amend these Terms of Use any time without a separate prior notice to you. The changes will come into effect at the moment they are published on the Site or Application.

 

These Terms of Use are valid from 8 October 2018.