Modul-Connect Terms of Service

Last modified: May 2020

In order to provide our Services (as defined below) through our apps, services, software, or website, we need to obtain your express agreement to our Terms of Service ("Terms"). You agree to our Terms by registering, installing, accessing, or using our apps, services, software, or website. If you do not agree to these terms, do not install the app and do not use our services, software or website.

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

If you do not accept the notified changes you are not permitted to use the App and the Service.

1.0     Our Services 

Modul-System (collectively, "Modul-System," "our," "we," or "us") provides the services described below to you (collectively, "Services"):

• Managing vehicle electrical accessories.We provide ways for you to operate the electrical accessories in your service vehicle. Modul-Connect is an innovative vehicle wiring and control system, which enables control of a vehicle’s auxiliary electrical items via our app. The Modul-Connect wiring and control system is completely independent of the vehicle’s OEM electrical system and any other vehicle electrics and is versatile and capable of handling large loads.
• Ways to improve our Services.We analyse how you make use of Modul-Connect, in order to improve all aspects of our Services described here. Modul-System uses the information it has and also works with partners, service providers, and affiliated companies to do this.
• Enabling global access to our Services.To operate our global Service, we need to store and distribute content and information in data centres and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.

1.1     About our Services 

Registration. You must register for our Services using accurate information and provide your current mobile phone number. If you change your phone number, you must notify us of the change or update your mobile phone number in the App where possible. You agree to receive text messages (from us or our third-party providers) with codes to register for our Services.

Devices and software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. You consent to us sending you notifications via Modul-Connect from time to time, as necessary to provide our Services to you. By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

Fees and taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

Changes to our Services. Modul-System is entitled to make changes and amendments to the Services.

Updates and Availability of our Services. We are always trying to improve our Services. That means from time to time we may update the App and change the Services to improve performance, enhance functionality, reflect changes of certain devices and platforms or to address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

1.2     How you may use the App

In return for your agreeing to comply with these terms you may: 

• download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal and internal business purposes only.
• use any Documentation to support your permitted use of the App and the Service.
• provided you comply with the Licence Restrictions in section 1.3, make copies of the App for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

1.3     License Restrictions 

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of any applicable law) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  - is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve
    the Permitted Objective; and
  - is not used to create any software that is substantially similar in its expression to the App;
  - is kept secure; and
  - is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

2.     Privacy Policy and User data

Modul-System cares about your privacy. Modul-System's Privacy policy describes our information practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. The Privacy policy sets out the legal bases for our processing of personal information about you. 

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings. If you turn off location services then certain Services will be unavailable. 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You are responsible for keeping your device and your Modul-Connect account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

3.     Personal data

The user, or when the user is employed by a company and is using our Services during the course of their employment, that company, as the data controller, is responsible for that the customer data is in accordance with the applicable legislation.

Modul-System undertakes to take the agreed technical and organizational measures to protect the personal data processed.

4.     Intellectual property rights to the service

We own all rights, including all intellectual property rights, to the Services and therein included software, including but not limited to patents, copyrights, design rights and trademarks. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

5.     Disclaimers

We will use reasonable skill and care in providing our Services to you and in keeping it a safe, secure, and error-free environment, but we do not guarantee that Modul-Connect will always function without disruptions, delays, or imperfections. You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an “as is” basis without any express or implied warranties. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, or controversy and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.

6.     LIMITATION OF LIABILITY

Modul-System shall in no event be liable to the Customer for the loss of profit, revenue, savings or goodwill, losses due to service outages or loss of data, the Customer’s obligation to compensate a third party or any other indirect or consequential damage of any kind.

Our aggregate and total liability in respect to one or more events or series of events (whether related or unrelated) shall under no circumstances exceed one monthly fee for the Services.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

7.    Ending Your Right to Use the App

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

8.    General Provisions

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This agreement does not give rise to any rights for a third party to enforce any term of this agreement.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

9.    Disputes and Governing Law

If you are based in the United Kingdom, any disagreement shall be governed by and construed in accordance with English law with exclusion of its conflict of law rules, otherwise Swedish law will apply. Any dispute, controversy or claim arising out of this Agreement shall be settled by the court where the relevant Modul-System entity has its legal domicile.