Terms of Service

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These Terms of Service ("these Terms") set out the agreement between you and [TODO: Podee Ltd], a company registered in England and Wales and trading as Podee ("we", "us" or "our"), under which we make the Service available to you. You should read these Terms carefully before you sign in for the first time, as they establish the rights and obligations of each party.

There is no registration form, and we do not issue you with a username or a password. You obtain access by signing in with your Tesla account, through Tesla's own OAuth 2.0 authorisation process. The Agreement is concluded when you first complete that process, having indicated your acceptance of these Terms at the sign-in screen. If you do not accept these Terms, do not sign in.

The Service is supplied to individuals for their own personal use. These Terms are drafted on the basis that you are a consumer within the meaning of section 2(3) of the Consumer Rights Act 2015. Nothing in these Terms operates to exclude, restrict or otherwise affect any right or remedy conferred on you by law.

1. Definitions and interpretation

In these Terms, the following expressions have the following meanings:

"Account"
the record we create for you when you first sign in to the Service, identified by your Tesla Account. No separate registration is required for it and no credential is issued in respect of it.
"Acceptable Use Policy"
our Acceptable Use Policy, as varied from time to time in accordance with clause 12.
"Agreement"
the contract between you and us for the supply of the Service, comprising these Terms, the Acceptable Use Policy and the Privacy Policy.
"Billing Owner"
the person recorded in the Service as responsible for the charges arising in respect of a Connected Vehicle, as to which see clause 6.
"Connected Vehicle"
a vehicle in respect of which you have authorised the Service to obtain Vehicle Data.
"Service"
the Podee service described in clause 3, together with any associated software and documentation.
"Tesla Account"
the account you hold with Tesla, Inc., by means of which you sign in to the Service and authorise it to obtain Vehicle Data.
"Tesla Fleet API"
the application programming interface operated by Tesla, Inc. through which the Service obtains Vehicle Data.
"Vehicle Data"
telemetry and other data relating to a Connected Vehicle obtained through the Tesla Fleet API.

In the construction of these Terms:

2. The supplier

The Service is supplied by [TODO: Podee Ltd], a company incorporated in England and Wales under company number [TODO: Companies House number], whose registered office is at [TODO: registered office address, including postcode]. Our VAT registration number is [TODO: VAT number].

Any notice, enquiry or complaint under the Agreement may be given to us by email to support@podee.app. Where these Terms require us to give you notice, we will do so by email to the address most recently supplied to us by Tesla for your Tesla Account, and that notice is treated as given when the email is sent, unless it is returned to us as undelivered. As we hold no address of our own for you, you should keep the address on your Tesla Account current if you wish to continue receiving those notices.

3. The Service

The Service connects to your Tesla Account and presents Vehicle Data for each Connected Vehicle through a single dashboard. It further enables you to configure the signals that the Service collects and displays.

The Service presents only such Vehicle Data as Tesla, Inc. makes available through the Tesla Fleet API. Neither the Service nor [TODO: Podee Ltd] is produced, endorsed, sponsored by or otherwise affiliated with Tesla, Inc., and any reference to Tesla is made solely to identify the vehicles and interfaces with which the Service operates.

The Service is not an emergency, security or safety system. Vehicle Data may be delayed, incomplete, inaccurate or unavailable, whether because a Connected Vehicle is asleep or outside network coverage, because the Tesla Fleet API is unavailable, or because the Service is itself unavailable. You must not rely on the Service to locate a stolen vehicle, to respond to an emergency, or for any purpose in which inaccurate or delayed information could result in injury, loss or damage. In any such circumstance you should contact the emergency services or Tesla, Inc. directly.

4. Signing in and eligibility

There is no application or approval process, and we impose no eligibility condition beyond those set out in this clause 4: any person holding a Tesla Account may sign in. By signing in, and by connecting a vehicle, you represent and warrant to us that:

We issue you with no password, and there are accordingly no Account credentials for you to keep confidential. Access to your Account is controlled entirely by your Tesla Account, and any person able to sign in to that account is able to sign in to the Service as you. You are responsible for the security of your Tesla Account, and for activity carried out under your Account save to the extent that such activity results from our failure to exercise reasonable care and skill. If you become aware, or have reason to suspect, that any other person has obtained access to your Tesla Account, you must resecure that account with Tesla, withdraw the authorisation you have granted to the Service, and notify us without undue delay at support@podee.app.

A vehicle becomes a Connected Vehicle when you authorise the Service through Tesla's own authentication process. You may withdraw that authorisation through your Tesla Account at any time, and doing so will prevent further Vehicle Data being transmitted to us. Withdrawal of that authorisation does not of itself close your Account or terminate the Agreement, as to which see clause 11.

5. Permitted use

The Acceptable Use Policy forms part of the Agreement, and you must comply with it in your use of the Service. Compliance is of particular importance in this context, because the Service can disclose the location of a Connected Vehicle and, by extension, that of any person travelling in it.

In particular, you must not use the Service to track, monitor or locate any individual without that individual's knowledge and consent. Any breach of this clause 5 constitutes a material breach of the Agreement and will result in the immediate termination of your Account under clause 11.

6. Charges and payment

Charges are calculated on a metered basis by reference to your actual use of the Service, at the rates set out in this clause 6. There is no subscription or standing charge, no minimum term, and no charge payable on termination of the Agreement. You are charged only for the units you consume.

Rates

UnitRateEquivalently
Vehicle command0.2p per command£2.00 per 1,000 commands
Telemetry signal0.005p per signal£0.05 per 1,000 signals
Software version signalNo chargeFree, without limit

All rates are in pounds sterling and are inclusive of value added tax. They are the amounts charged to your payment method; no further sum is added at the point of collection.

How units are counted

A vehicle command is a single instruction that you send to a Connected Vehicle through the Service and that we successfully relay to the Tesla Fleet API. A command that fails by reason of a fault on our part is not counted and is not charged for.

A telemetry signal is a single recorded value of a single signal, for a single Connected Vehicle, at a single point in time. A signal that you have not configured the Service to collect produces no such record and is not charged for; it follows that the number of signals you consume, and accordingly the amount you pay, is a function of the signals you choose to enable and of how frequently your Connected Vehicles report them.

The software version signal, which reports the version of the software installed on a Connected Vehicle, is not charged for. It is free of charge without limit, and a Connected Vehicle configured to report that signal and no other is free of charge altogether: you may use the Service to see the software version of your vehicles without supplying payment details at all. The remaining signals are chargeable at the rate set out above from the first signal recorded.

Usage is attributed to the Connected Vehicle to which it relates, and the sums payable in respect of a Connected Vehicle are charged to its Billing Owner. Where you are the Billing Owner of a vehicle, you are liable for the usage of that vehicle, including usage arising from another person's authorised access to it. You may cease to be the Billing Owner of a vehicle at any time through the Service.

Billing cycle

The billing period is the calendar month, and you are billed in arrears. Following the end of each calendar month we total the units you have consumed during it, apply the rates set out above, and charge the resulting sum to your payment method. Nothing is payable in advance.

The total for the month is rounded down to the nearest penny in your favour. Where that total is less than30p, no charge is collected for that month; the amount is instead carried forward and included in the next month in which the sum payable reaches 30p. The effect is that you are never charged less than 30p at a time.

Payment

Charges are payable by debit or credit card and are collected on our behalf by Stripe. By supplying your payment details you authorise us to charge that payment method with all sums falling due under the Agreement. You may see the units you have consumed, and the charges arising from them, in the Service at any time.

If a payment is not successfully collected, we will notify you and re-present it. Where a sum remains outstanding we may suspend your access to the Service until it is paid. We will not delete your data on account of non-payment without first giving you notice.

Variation of charges

We will give you not less than 30 days' notice by email before any increase in our charges takes effect. Any such increase applies only to usage occurring after the expiry of that notice period. If you do not wish to accept the increase, you may cease using the chargeable features of the Service, or terminate the Agreement under clause 11, in either case without charge.

7. Cancellation and refunds

You have a statutory right to cancel the Agreement within 14 days of the day on which it is concluded, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and you may terminate the Agreement at any time thereafter in accordance with clause 11. Our Cancellation and Refunds page sets out how each right is exercised and the sums, if any, payable on cancellation.

8. Availability of the Service

We will take reasonable steps to keep the Service available, but we do not warrant that it will be available without interruption or free from error. We may suspend the Service in order to carry out maintenance, and will give you such notice of any planned suspension as is reasonably practicable.

The Service is dependent upon the Tesla Fleet API, which is operated by Tesla, Inc. and is outside our control. If Tesla, Inc. modifies, restricts, suspends or withdraws access to that interface, the whole or any part of the Service may cease to function. Where any such event permanently prevents us from providing the Service, we will notify you and terminate the Agreement in accordance with clause 11. The agreement under which we obtain that access requires us, if it comes to an end, to delete the Vehicle Data we hold; we would accordingly do so, and ourPrivacy Policy records that.

9. Our liability to you

Under the Consumer Rights Act 2015 we are required to supply the Service with reasonable care and skill. If we fail to do so, you are entitled to require us to perform the Service again and, where repeat performance is impossible or is not carried out within a reasonable time, to a reduction in price. Those remedies are conferred on you by statute and nothing in these Terms affects them.

We are liable to you for any loss or damage you suffer that is a foreseeable consequence of our breach of the Agreement or of our failure to exercise reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will occur, or if, at the time the Agreement was made, both you and we knew that it might occur.

We do not exclude or limit our liability to you in any way in respect of:

We are not liable for loss or damage that was not foreseeable, nor for loss or damage arising from Vehicle Data being delayed, unavailable, incomplete or inaccurate to the extent that this is attributable to Tesla, Inc., the Tesla Fleet API or a Connected Vehicle rather than to us. We supply the Service for domestic and private use only, and accordingly we have no liability to you for any loss of profit, loss of business, interruption to business or loss of business opportunity.

10. Personal data

We process personal data relating to you in accordance with our Privacy Policy, which forms part of the Agreement and which addresses in particular the treatment of location data.

11. Termination

You may terminate the Agreement at any time by giving us notice by email at support@podee.app, and we will close your Account upon receipt of it. Withdrawing the Service's authorisation in your Tesla Account will stop further Vehicle Data reaching us, but it is not by itself notice of termination, and you should also write to us if that is what you intend. On termination you remain liable for charges accrued in respect of usage up to the date of termination, and no charges accrue thereafter. Following closure of your Account we delete the data we hold within 30 days, save for the few records we are required to keep; our Privacy Policy sets out which those are.

We may suspend your access to the Service, or terminate the Agreement, if you:

We will ordinarily notify you of the breach and allow you a reasonable opportunity to remedy it before suspending or terminating. We will not do so where the breach consists of the monitoring of an individual without that individual's consent, or where we consider that the safety of any person is at risk; in those circumstances we will act with immediate effect, and we may report the matter to the police or other competent authority.

Where we terminate the Agreement for any reason not attributable to your breach, we will refund any sum you have paid in advance in respect of a Service you have not received.

Termination does not affect any right or liability that has accrued to either party before the date of termination. Clauses 1, 9, 10, 14 and 15 survive termination, as does clause 6 in respect of sums accrued before termination, which are metered and collected in the ordinary billing cycle after the Agreement has come to an end.

12. Variation of these Terms

We may vary these Terms from time to time, for example to reflect a change to the Service or a change in the law. We will give you not less than 30 days' notice by email of any variation that affects you, and if you do not wish to accept it you may terminate the Agreement under clause 11 before the variation takes effect, without charge.

13. Complaints

If you are dissatisfied with any aspect of the Service, please contact us at support@podee.app and we will seek to resolve the matter. We aim to acknowledge complaints within 5 working days and to resolve them within 15 working days of receipt.

14. Governing law and jurisdiction

The Agreement, its subject matter and its formation are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction to determine any dispute arising out of or in connection with it. If you reside in Scotland you may also bring proceedings in the courts of Scotland, and if you reside in Northern Ireland you may also bring proceedings in the courts of Northern Ireland.

15. General