Power Cruise Control - Terms of use
1. What the Terms of Use Cover
By using our Service you accept and agree to the following Terms of Use.
These Terms of Use describe your rights and responsibilities when using Power Cruise Control through iOS app and form a binding contract between You and Laika Lab Srl, a company incorporated under the laws of Italy (hereinafter referred to as ”Laika Lab”, "Power Cruise Control", "PCC", ”we,” ”us” or ”our”).
“You” and “Your,” refers to you as an individual, and to the company or legal entity that you may represent in connection with use of the Service.
If you are using the Service on behalf of an entity, You represent and warrant that you have authority to bind that entity to the Terms of Use and that you are accepting the Terms of Use also on behalf of that entity.
The Service uses and includes data and other resources that may be provided by third parties.
The restrictions that apply to Your use of the Service shall also apply in relation to such resources and their owners.
For optional features or products, you may have to accept the specific terms and conditions applicable to them (which could be our own or provided by a third party in connection with a service or product).
Several apps are published by Laika Lab Srl in App Store, this document apply to all the apps reporting "Power Cruise Control" on their title.
2. Use of the Service
In connection with using the Service, You agree that You will:
Use the Service in good faith and solely for its intended purpose, i e to plan and manage Your own e-Vehicle routes;
Comply with all codes of conduct or terms of use provisions that we or our partners/suppliers may from time to time require;
Immediately notify us if You learn of or have reason to suspect a security breach related to the Service;
PCC app is a driving aid tool, it must be setup in a parked vehicle. Do not perform the connection procedure while driving!
Do not use OBDII if it causes any distraction or inconvenience to the driver due to its placement. Device should not interfere with driving or the driver itself.
All wireless data communication devices produce interference that may affect other devices which are placed nearby.
3. Prohibited Uses of the Service
In using the Service You agree that, at all times, You will not:
Engage in, facilitate, further, aid or abet any unlawful conduct;
Use the Service in a way that harms us, our partners or any third party;
In any way use the Service in connection with unsolicited bulk messages or unsolicited commercial messages (“spam”);
Use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by Laika Lab srl, or ”meta-searching”);
Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
Access the Service in order to replicate or compete with it;
In any way attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Service or any part thereof;
Copy or modify the Service in any way;
Use the Service in a manner that exceeds limits on Service calls, or constitutes excessive or abusive usage;
In any way damage, disable, disturb, overburden, or impair the Service (or the network(s) connected to the Service(s), or interfere with anyone’s use and enjoyment of the Service;
Resell or redistribute, in any way, the Service, its search results or any part of the Service, without the specific consents of LAIKA Lab srl
Access the Service in any manner that:
compromises, breaks or circumvents any of our technical processes or security measures associated with the Service,
poses a security vulnerability to users of the Service or is likely to result in performance degradation of the Service,
tests the vulnerability of our systems or networks, or
poses a reputational, branding, professional or another business risk to us;
4. Your Content
We may ask you to send us Power Cruise Control log data for analysis, you'll be free to decide if send these data to us or not.
You'll be able to send us Power Cruise Control log data for analysis.
These logs will be deleted by us as soon as the analysis is ended.
Some anonymous data may be collected by Power Cruise Control automatically. ( See our privacy policy for more details on data collection )
We are not required to, and will not, pay You for any use of Your content.
5. Software
Your use of software or third-party products in connection with the Service is subject to the terms of the license that is presented to You for acceptance for that software or product. If there is no special license presented to You, or unless otherwise stated in this Agreement, then We grant You the right to use the software only for the authorized and intended use of the Service.
You may not disassemble, decompile, or reverse engineer any algorithms, models or software components included in the Service, except and to the extent that such action is expressly permitted under applicable law.
6. Changes to the Agreement
Laika Lab srl may update this Agreement from time to time without notifying you. You can review the current version of this Agreement at any time at https://www.powercruisecontrol.com/pcc_terms_of_use.html.
Your continued use of the Service constitutes Your acceptance to be bound by such changes to the Agreement. Your only remedy, if You do not accept the terms of this Agreement, is to discontinue use of the Service.
7. No Warranties
We always strive for accuracy, usefulness and high quality in the Service and welcome constructive feedback and suggestions for improvements, but we cannot give any warranties (express or implied) as to the accuracy, completeness or usefulness of the route plans, or travel management, or charging points static/dynamic info and status or other information provided through the Service.
8. Limitation of Liability
Laika Lab srl will not assume any responsibility for any direct, indirect or consequential damages, including business interruption, lost sales, lost profits, special, indirect, incidental or punitive damages related to the Service, third-party hardware, software or information, viruses/malware or similar, incompatibility issues or for claims based on breach of contract, warranty, guarantee or condition, strict liability, negligence or other tort.
9. Subscription to the Service
An annual subscription is mandatory for the use of the Service.
This subscription will'be automatically asked at first connection with the vehicle.
The subscription is tied to the VIN ( Vehicle identification number ) and only one subscription will be requested for each VIN.
If another user or company has already licensed a VIN, you'll be able to use the Service with that vehicle without a personal subscription.
You'll be able to subscribe up to 5 VIN for user.
Different subscription plans may be available. Fees will be charged in advance, in connection with your order unless otherwise agreed.
Subscription fees and recurring billing will be processed through our payment processors, which may vary from time to time. All transactions are governed by the payment processor’s applicable terms and applicable laws. Unless otherwise agreed, your Subscription will automatically renew upon the expiry of your current Subscription. If you fail to pay the Subscription Fee we may suspend your access to the Service without any comunication. Verify and maintaining of a valid payment method is under your responsability.
The VIN license activated in one vehicle is not transferable to another and any remaining period is non-refundable.
10. Changes to or cancellation of the Service
Laika Lab srl may at any time alter the Service, by changing, including, adding or removing features for any reason. We may cancel or suspend the Service at any time without cause and without notice, in which case, Your access or right to use the Service may cease immediately. Any data that You may have stored on the Service may not be retrieved later. There may be interruptions or extended downtimes to the Service.
11. Interpretation
These Terms of Use shall apply to the maximum extent permitted by applicable law. Should a competent court hold that we cannot enforce some part of this Agreement to its full extent, then that part shall be considered replaced with the permissible terms that would most closely match the intended meaning of the part that we cannot enforce. The remaining parts of these Terms of Use shall be unchanged.
12. Assignment
Laika Lab srl may, at any time, in whole or in part, assign this Agreement to a third party without notice to You. You may not assign, neither temporarily nor permanently, this Agreement, or any rights to use the Service or any part of it, to any other person. Any attempt by You to do so is void.
13. Alerts and notices
The Service and this Agreement are provided in electronic form. We may from time to time publish You certain information in connection with the Service. We will provide such information in electronic form
a) As a message presented in connection with access to the Service; or
b), By publishing the information on our web site powercruisecontrol.com
14. Contracting Party, Choice of Law and Dispute resolution
This Agreement is between You and Laika Lab Srl Regardless of where You reside, You agree that this Agreement is and will be governed by and construed and enforced in accordance with the laws of Italy, without regard to its conflicts-of-law rules. If You choose to file any court action or suit regarding the Service or this Agreement, You agree that such action or suit will be filed in the Court of Perugia, Italia.
15. Cancellation and Termination of the Service
You may at any time cancel your Service account at any time following these instructions:
https://support.apple.com/en-us/HT202039
We reserve the right to immediately terminate our agreement with you and/or pursue other remedies available to it at law if the Service is used in breach of these Terms of Use, applicable third-party terms and conditions or applicable law.
16. Copyrights, Trademarks, etc.
The Service, including, but not limited to the names Power Cruise Control (PCC), Laika Lab srl, powercruisecontrol.com, and all other contents in connection with provision of the Service are owned by or licensed to Laika Lab Srl, Via indipendenza 116/b, Pozzuolo (PG) Italy. Intellectual property laws and treaties protect any software or content provided as part of the Service. We (or our partners) own the title, copyright and other intellectual property rights associated with the Service.