TERMS AND CONDITIONS OF USE
1. (Scope) - 1.1. These general conditions are intended to regulate the Terms and Conditions of Use governing the provision by MOBIDASH website and MOBIDASH app, managed by MOBI2DO, LDA. headquartered in TagusPark, Parque de Ciência e Tecnologia, Núcleo Central, sala 332, 2740-122 Porto Salvo, registered at the Commercial Registry Office of Cascais under the registration number 509203191 with a share capital of € 5.000.00 (five thousand euros) of certain services to users authenticated on the website or on the app operated by it and the protection of personal data policy associated with that service.
2. (Use) - 2.1 The use of the website or the app may be made by the ordinary User, without registration and without registration of the navigation, and by the Authenticated User that is granted access to the reserved support area on account of a contractual support relationship previously established and in force with MOBI2DO. 2.2. The authentication consists on the identification of the User, through the introduction of Tesla credentials. 2.3 Upon logging into your Tesla account, they respond with a token. This token is saved on your MOBIDASH account and is used for all API requests going forward. 2.4. If the User´s token expires, MOBI2DO will ask the User to re-authenticate his/her mobile device. Changing Tesla password will invalidate any tokens that have been issued which will break the connection with the User´s vehicle 2.5 Tesla credentials and password are not saved on the device, nor is it ever sent to MOBI2DO servers. 2.6. The Authenticated User grants Mobi2do access to Tesla API and therefore to the vehicle information, namely to the vehicle's on-board computer, door opening and kilometrage control 2.7. Whenever the Authenticated User becomes aware that his/her user data is being used by third parties, he/she shall immediately notify MOBI2DO. 2.8. Notwithstanding the contractual relationship with the Authenticated User, MOBI2DO may, for security reasons and to safeguard the privacy of communications, restrict or limit the access by Authenticated Users.
3. (Accuracy, completeness and timeliness of information) - 3.1. Whilst MOBI2DO use all reasonable attempts to ensure the accuracy and completeness of information on the app or the website, MOBI2DO are not responsible if the information available is not accurate or complete. 3.2 Any reliance upon the material on this website or MODIDASH app shall be at the User's own risk. 3.3. The Users agree that it is their own responsibility to monitor any changes to the material and the information contained on the MOBIDASH website or app.
4. (Transmission) - 4.1. Any non–personal communication or material the User transmits to this app by electronic mail or otherwise, including any data, questions, comments, suggestions is, and will be treated as, non–confidential and non–proprietary. 4.2. Anything the User transmits or posts becomes the property of MOBI2DO and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. 4.3 Furthermore, MOBI2DO is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication the User send to this app. 4.4. Any such use is without compensation to the party submitting information.
7. (Intellectual property) - 7.1. All the materials, content and software available on the website or on the app, namely information, images, illustrations, graphics, names and logos are the intellectual property of MOBI2DO or third parties, and may not be reproduced, modified, distributed, marketed, or otherwise used, save with the express prior written consent of MOBI2DO or of the third party owners of the intellectual property rights over same. 7.2. Any use of the materials, content and software available on the website or the app for any purpose other than that expressly permitted by these Terms and Conditions of Use, shall be considered a violation of current national and international copyright laws.
8. (User responsibility) - 8.1. MOBI2DO is not responsible for the accuracy of any information, image, contribution, or other materials that users provide using the website or the app. 8.2. The User undertakes to make a prudent, careful and responsible use of the website or the app and not to use it in a way that may imply the violation of legally protected rights or positions of MOBI2DO or of third parties. 8.3. The User shall indemnify MOBI2DO for any claims, penalties, fines, judgments or seizures resulting from the breach of the laws of intellectual and industrial property by same in the use of the website or the app, as well as for any loss caused to third parties the fault or negligence of which is attributable to the User. 8.4. The User is solely responsible for any damages or losses, including loss of data, caused to its system and/or computer equipment resulting from the use of the materials, content or software available on the website or the app, unless these are proven to have been caused intentionally or through the gross negligence of MOBI2DO. 8.5. MOBI2DO shall not be liable for any damages or losses that may result from (i) the operation of the User's system and/or computer equipment, (ii) difficulties in using the website or the app caused by, namely, delays, interruptions, errors, interferences or suspension of communications, viruses, bugs or malfunctions, (iii) delays caused by deficiencies or traffic overloads of the Internet or other electronic systems, (iv) illegitimate actions by third parties, errors or security weaknesses resulting from the use of outdated or unsafe equipment or browsers, failures of the electronic communications services used by the User, as well as damages, errors and inaccuracies that may result from their malfunction.
9. (Links) - 9.1. MOBI2DO is not responsible for the legality, trustworthiness or quality of any content available on a web page to which a link, available on its website or app, remits. 9.2. The availability of links on the website or on the app in no way results in the existence of any relationship between MOBI2DO and the owner or manager of the web page to which the link remits, as well as in the consent by MOBI2DO to any materials, content or software made available there.
11. (Jurisdiction) - 11.1. These Terms and Conditions of Use shall be governed by Portuguese law. 11.2. The parties have agreed to submit any dispute arising from their interpretation or application to the court of the district of Lisboa, with the express waiver of any other.