1. Introduction
Welcome to the ‘ChargeTesla’ app (hereinafter referred to as the “App”). The App is developed and operated by Ciprian Caraivan (hereinafter referred to as “we,” “us,” or “our”). By accessing, downloading, or using the App, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree with these Terms, please do not use the App.
2. Eligibility
By using the App, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into this agreement, and are not prohibited by law from using the App. If you are under 18 years old, you must have the consent of your parent or legal guardian to use the App.
3. License and Restrictions
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, access, and use the App for your personal, non-commercial use. You agree not to use the App for any other purpose, and you shall not sublicense, rent, lease, sell, or distribute the App to any third party.
4. Third-Party Services
The App uses an API which is an unofficial implementation of the Tesla Motors Owner API, and remote monitoring of your smart meter. We do not control, endorse, or assume responsibility for these third-party services. You acknowledge and agree that we are not responsible for any changes to the Tesla API or smart meter manufacturer services that may affect the functionality of the App. If in the future, Tesla (or the smart meter manufacturer) decides to block the use of the API or charge a fee, you acknowledge that the App may cease operations. In this case, we shall not be liable for any reimbursements of the smart meter cost or any other costs associated with installing or using the App.
5. User Information and Privacy
To use the App, you will need to provide us with certain personally identifiable information, such as your email address, password, Tesla token, and smart meter data. We will process and store this information in accordance with our Privacy Policy, available at chargetesla.app/privacy-policy. By using the App, you agree to the collection, use, and disclosure of your information as set forth in our Privacy Policy.
6. Account Termination
If you wish to delete your account, please send us an email requesting account deletion to support@chargetesla.app. We will remove all information linking to you from our server upon receipt of your request. Please note that we may retain certain data for legal or regulatory purposes as required by applicable law.
7. Prohibition of Reverse Engineering and Decompilation
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the App. Any such unauthorized activities are strictly prohibited and may result in the termination of your access to and use of the App, as well as potential legal consequences.
8. Intellectual Property
All rights, titles, and interests in and to the App, including all intellectual property rights therein, are owned by us or our licensors. You acknowledge and agree that you have no right, title, or interest in or to the App, except for the limited license granted under these Terms.
9. Disclaimer of Warranties
The App is provided “as is,” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. In the unlikely event that something goes wrong with your vehicle or other equipment controlled by this App, you accept that the responsibility is entirely yours and the App is not responsible for any damages incurred. We do not warrant that the App will be error-free, uninterrupted, or that it will meet your requirements.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall we be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the App or your breach of these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Targu Mures, Romania.
13. Changes to the Terms
We reserve the right to modify or update these Terms at any time and for any reason, with or without notice. Your continued use of the App following any changes to the Terms constitutes your acceptance of the modified Terms. It is your responsibility to periodically review the Terms for any updates.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
15. Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter of these Terms.
17. Contact Information
If you have any questions, concerns, or comments regarding these Terms, please contact us at support@chargetesla.app.