EVE For Tesla / Evolved Vehicle Environments Inc. Terms of Use

Update: January 14, 2015

EVE is excited to offer you a whole new in-vehicle environment, allowing you to customize your internet enabled automobile dashboard to suit your unique style, needs and tastes. We think EVE will transform your dashboard experience -- thank you for using EVE!

These Terms of Use tell you how you may use EVE's Website and Services, and how we'll treat your account while you're a customer. Please read these Terms of Use carefully. By using our Website or signing up for Services, you're agreeing to these Terms of Use. THIS IS A LEGAL AGREEMENT, AFFECTING YOUR LEGAL RIGHTS, REMEDIES AND RESPONSIBILITIES.

Depending on which Services you use, additional legal terms and policies (including rules, guidelines and other similarly named documents) presented with those Services may apply ("Additional Terms"). Those Additional Terms become a part of your agreement with EVE if you use those Services. We will refer to the combination of these Terms of Use, any applicable Additional Terms, and our Privacy Policy collectively as these "Terms".

By clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, by browsing the Website, or by registering and/or using the Services, you are indicating your agreement with these Terms. If you do not agree to these Terms, please do not use the Website or Services. If you have any questions about our Terms, feel free to contact us.

In this policy whenever we refer to "we", "us", "our" or "EVE" we mean Evolved Vehicle Environments Inc., a corporation incorporated under the laws of Canada, located at First Canadian Place, 100 King Street West, Suite 5700, Toronto, Ontario, Canada, M5X 1C7, (844) tesla10, support@teslaapps.net. References to "we", "us", "our" or "EVE" also include EVE's affiliates, licensors, and related companies, and each of their and EVE's respective directors, officers, employees, consultants, suppliers and agents.

When we say "you", "your" or "customer" we're referring to the person or entity that's using our Website or registered with us to use our Services.

And whenever we say "such as", "includes", or "including" we mean "including without limitation" -- meaning the examples we have provided are not intended to form an exhaustive list of what else might be included.

EVE's Website and Services

EVE provides an online platform that allows our registered customer's to select, manage, interact with and create customized dashboards of specific functional applications, which may include access to and use of other third party online sites and services (collectively our "Services"). Our Services are offered through our website www.teslaapps.net (our "Website").

EVE's Website and Services are compatible with the following browsers only:

  • the Website is compatible with the latest desktop versions of Google Chrome, Firefox, Safari and Internet Explorer and mobile versions of Google Chrome and Safari;
  • certain elements of the Services (such as account registration and account management) may also be accessed and utilized through the above noted browsers; and
  • use of the Services, however, is only compatible with and allowed on the Tesla Model S web browser. Please ensure you have the latest version of the software installed on your car.

You are Responsible for Complying with the Law

Browsing the Website or using the Services in certain circumstances can be dangerous and may contravene local laws including distracted driving laws. It is your responsibility to use the Services and Website in compliance with any local laws which may apply to your location and any activities you may be undertaking while using the Website or Services. EVE does not promote and is not responsible for your non-compliance or compliance with such laws, and any consequences of your compliance or non-compliance with such laws including death, injury and property damage. USE OF EVE'S WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

Eligibility

In order to use EVE's Website or Services you must be at least eighteen (18) years old and able to enter contracts.

To use EVE's Services, you must complete the registration process including agreeing to these Terms and paying any applicable fees. And you must provide and maintain true, complete and up to date contact and payment information for as long as you use the Services.

Use of certain Services may require your registration with and adherence to the rules and requirements of third parties, including, for example, Twitter and Google. You are responsible for maintaining your accounts with those parties and for complying with their terms of service and other legal requirements. Failure to comply with those terms of service may result in a change to or refusal of Services.

By using EVE's Website or Services you represent and warrant that you meet the requirements listed above, will adhere to them for so long as you use the Services, and that you won't use EVE's Website or Services in any way that violates any laws, regulations, or any applicable third party rights. If you sign up for EVE on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Your Account

To use EVE's Services you must register. When you register for EVE's Services, we will create an account for you. Your account is personal to you and must not be used by, assigned or transferred to anyone else. Your account may not be sold, leased, licenced or assigned.

You are responsible for keeping your account information including password confidential. You are also responsible for keeping your personal and any billing information accurate and current. Please remember to update it if you move, change email accounts, or if your credit card expires.

You are responsible for your use of the Website and Services and any activity in your account, whether or not you authorized it. If you become aware of any unauthorized use of your account, you will immediately notify us. We are not responsible for any claims, losses or other proceedings relating to shared, stolen or hacked passwords or accounts.

If you choose to terminate your use of EVE's free Services, please notify us by email to close your account. EVE may close your account if it is inactive for a period of ninety (90) or more consecutive days. Please see below for additional information on termination of EVE's paid subscription Services.

EVE may refuse service, close accounts, and change eligibility requirements at any time. We may suspend or terminate our Service(s) at any time, with or without cause, by providing you written notice.

Payments and Refunds

Some of EVE's Services may be offered on a paid subscription basis (a "subscription"). A subscription may be billed and paid for annually or monthly in advance, depending upon which payment plan you have selected. Our charges for a subscription, the Services included, and available payment plans and methods are posted on our Website and may be changed from time to time. You agree to pay any taxes in addition to our subscription charges, without deduction or setoff. If we change our charges, Services, or payment plans for a subscription, we will post them on our Website and/or send you a notification by email.

Once you subscribe, you will pay for your first year or month of subscription Services, as applicable, on your registration date (the "Pay Date.") Subsequent payments for your subscription will be due and payable on the next monthly or annual anniversary of your Pay Date. If you are paying for your subscription annually, we will remind you that your Pay Date is coming up by sending you an email to the email address you last provided to us thirty (30) days beforehand.

Your subscription will continue until you terminate the Services. You can terminate your subscription for any reason by emailing us at any time before your next Pay Date. If you terminate Services any time thereafter, then Services will continue until the next occurring Pay Date without refund.

EVE is pleased to offer each new subscriber a limited thirty (30) day satisfaction guarantee. We will refund you the full amount of your first year or month of subscription charges if you terminate:

(a) within the first thirty (30) days of your first year, for annual subscriptions; or

(b) at any time before your second Pay Date, for monthly subscriptions.

If we terminate your account without cause, we'll refund a prorated portion of your subscription prepayment for that subscription period. We won't refund or reimburse you if there's cause, like a violation of these Terms. As long as you are registered for subscription Services, you will provide us with valid credit card information and authorize us to deduct your subscription charges plus applicable taxes against that credit card. By using a credit card, you are representing and warranting to us that you are authorized to use that credit card, and that any and all charges will be billed to that credit card and won't be rejected.

Property Rights

The Website and Services, including service names, and all content and elements of the Website and Services, including any and all graphics, logos, content, images, files, text, layout and designs (collectively "Intellectual Property"), are the registered and unregistered property of EVE, our licensors, and other applicable third parties. You agree to abide by all copyright notices, information and restrictions contained or displayed in the Website or Services and you will not copy, display, imitate, modify, reproduce, or use, in whole or in part and in any manner whatsoever, any of the Website, Services, and Intellectual Property, including as part of trademarks and/or domain names, unless in accordance with these Terms, our Brand Guidelines, or after having obtained our prior written permission. Neither these Terms nor your use of the Services or Website grants you ownership or any other interests in the Services, the Website, or any Intellectual Property, other than as set out in these Terms. You will not use, interfere with, or attempt to gain access to the Website and Services in any manner whatsoever other than as provided for in the Terms, including using methods or tools to data mine or scrape information from the Website and Services.

User Information and Contributions

Some of EVE's Services will allow you to input, transmit and store your own information, we'll call this "User Information". Subject to the licence described below, you are responsible for and retain all applicable rights in your User Information. Please make sure you have the necessary rights to use it, and please remember to back it up.

To the extent EVE requires a licence or other rights to access, copy, retain, distribute, transfer and use your User Information to provide the Services to you, enforce compliance with these Terms, or as otherwise permitted by our policies including these Terms, you agree to and do hereby provide those world-wide, perpetual, royalty free, non-exclusive, sub-licensable and transferrable licences and other rights to EVE. EVE may use your User Information in an aggregated, de-identified manner to analyze, understand, plan for, and assess how our customer's use our Services, and to improve our Services. We reserve the right to impose restrictions on the type and amount of User Information which may be input, stored and transmitted in, by or through our Website or Services by you.

We are always interested in your comments and ideas on our Website and Services and invite you to communicate these to us on our Website, via email, or by calling us – we'll call these your "Contributions". Please note, however, that any Contributions you make will be treated as non-confidential and non-proprietary. By providing us with such Contributions, you agree that EVE will exclusively own and may use, display, communicate, analyze, modify (including incorporate into other derivative works or compilations), and perform those Contributions in any manner and for any purpose whatsoever, without any obligation including payment or other credit to you. By providing us with Contributions, you waive any moral or other rights you may have with respect to such Contributions and our use of your Contributions in accordance with these Terms.

Privacy

EVE is committed to protecting your personal information, including any personal information that forms part of your User Information. Please see our Privacy Policy for more information. By submitting your personal information to us, you agree to our use of your personal information in accordance with our Privacy Policy.

Third Party Links and Information

Our Website and Services may include advertisements, content from or links to other independent third party sites. Our inclusion of such advertisements, content or links does not imply our review, support, or endorsement of such materials, goods or services and we are not responsible for any content, goods or services offered on, through or by such third party sites. If you leave our Website to visit such sites, please review their applicable legal terms.

Rules

By using our Website and/or Services you agree to the following rules:

  1. You will use the Website and Services for your own personal use only;
  2. You will register and use the Website and Services, as applicable, in accordance with and as permitted by these Terms and applicable law. You will not sell, resell, lease, licence, recreate, modify, or reverse engineer in any manner whatsoever the Services or attempt to do so;
  3. Your use of the Website and Services, including any User Information, will not breach or interfere with the legal, property or other rights of any third parties. You will not use the Website and/or Services to commit an unlawful act;
  4. You will comply with the guidelines, policies, terms of use, and other legal requirements of any third party services which may be accessed by or through the Services by you; If you breach these requirements, in addition to any other rights we may have, we may terminate or suspend your Services;
  5. You will not misuse the Website and/or Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
  6. You will not circumvent or attempt to circumvent any limitations EVE may impose on your account (such as opening a new account when we have closed your previous account for violation of these Terms);
  7. You will not probe, scan, or test the vulnerability of any EVE network or system;
  8. You will not deny others access to, or reverse engineer, the Services or attempt to do so; and
  9. You will not transit any viruses, malware, or other types of malicious software or links to such software through the Services.

Liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND EVE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, UTILITY OR ACCURACY OF THE WEBSITE OR SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW:

  1. EVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
  2. YOU AGREE TO AND DO HEREBY INDEMNIFY AND HOLD HARMLESS EVE FROM ANY AND ALL LIABILITIES, DAMAGES, PROCEEDINGS, CLAIMS, ORDERS, JUDGEMENTS AND COSTS (INCLUDING SETTLEMENT COSTS AND ATTORNEYS' FEES) ARISING OUT OF ANY ACTS OR OMISSIONS THAT AREN'T ALLOWED UNDER THESE TERMS, AND/OR ANY THIRD PARTY CLAIM REGARDING OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICES OR A BREACH OF THESE TERMS, TO THE EXTENT THAT SUCH LIABILITIES, DAMAGES, PROCEEDINGS, CLAIMS, ORDERS, JUDGEMENTS AND COSTS WERE CAUSED BY YOU; AND
  3. THE AGGREGATE LIABILITY OF EVE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO EVE FOR USE OF THE SERVICES DURING THE 1 YEAR PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) USD $50.00.

If you are dissatisfied with the Website, Services or these Terms, your sole and exclusive remedy is to discontinue using the Website and/or Services.

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

Changes

EVE may change any of the Terms by posting revised Terms on our Website. We may also provide notification of changes on our blog, social media accounts, or via email. Changes will be effective on the day they are publicly posted. If you do not want to agree to any changes made to the Terms you should stop using the Website and/or Services. By continuing to use the Website and Services you indicate your agreement to be bound by the updated terms.

EVE may also change, limit, suspend or discontinue the Website, the Services or any features of the Services at any time, with or without cause, in our discretion and without prior notice. Prorated refunds will only be issued if we terminate your account without cause, as described above.

Enforcement and Waiver

In addition to any other rights we may have in law, if you violate these Terms we may seek injunctive relief or other equitable relief against you.

If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.

Miscellaneous Terms

These Terms and any disputes arising under them shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflicts of laws principles. You agree to consent to and do hereby attorn to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario in any and all actions, disputes or issues relating to the Website, Services and/or these Terms.

You agree to undertake and perform such further actions as may be requested by EVE from time to time to give effect to these Terms and their performance by you.

EVE may assign, transfer or delegate any of its rights and obligations under these Terms without consent.

These Terms constitute the entire agreement between you and EVE. If any provision(s) in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, then that/those provision(s) shall be excluded to the extent of such invalidity, illegality, or unenforceability, and, to the extent permitted and possible, the invalid or unenforceable provision(s) shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision(s) all other provisions shall remain in full force and effect.

These Terms have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.