INFORMATION, TERMS OF USE, DISCLAIMERS AND PRIVACY POLICY

TERMS OF USE

By downloading the EVsRange Application you acknowledge and agree to the terms and conditions of this End User License Agreement. This End User License Agreement is a contract between Electric Vehicle Labs S.L. ("EVL", "We", "Us") and you, the user of the App ("You").

YOUR PERMISSION TO USE THE APP

We grant you permission to use the App on any compatible device that you own or control and, in the event that you choose to use the App in connection with your vehicle, we also grant you permission to use the App in connection with your vehicle, subject to the following conditions:

• You must only use the App for personal use.
• You are not permitted to use the App for any commercial purposes. For example, you are not permitted to copy or distribute the App or otherwise make the App available to third parties (including selling, renting, leasing, loaning or sublicensing).
• You are not entitled to modify, reverse engineer, decompile or disassemble the software code of the App in any way.
• You must take care not to do anything that could harm the App or any related equipment or computer systems.
• You must comply with all of the App Platform provider, terms of service which apply to your download of the App.
• You must not use the App in any ways which contravene applicable laws. For example, you are responsible for observing all laws and regulations relating to use of your device in a vehicle and, in particular, you must not use your smartphone while driving.

We may terminate or suspend your permission under this End User License Agreement if you do not comply with any of the above conditions.

WHAT YOU WILL NEED TO USE THE APP

In order to use the App you will need to make sure you have a smartphone which is compatible with the App and which has an existing data connection. We are not responsible for providing data connection services or for any data connection costs you incur in using the App.

COLLECTION OF DATA WHEN USING THE APP

In order for the App to work effectively, we will collect limited data from your phone. For further details, please refer to the App Privacy Policy.

ACCESS TO THIRD PARTY MATERIALS

It is intended that the App will make certain third party applications, websites, features and services (referred to as "Third Party Materials") available to You. We have selected the Third Party Materials because we think they will be of interest to our customers, but please be aware that Third Party Materials are not provided by us and are provided by third parties over whom we have no control. We cannot guarantee the accuracy, quality, performance, availability, completeness, reliability, decency and/or legality of any Third Party Materials, nor that they will be error free or up-to-date. Third Party Materials are subject to the relevant third party's terms and conditions and privacy policies which are separate to this End User License Agreement. You will need to read and accept them in order to use the Third Party Materials. We are not responsible for any arrangements or agreements made between you and the relevant third party and they are entered into at your sole risk and expense. For example, you are responsible for payment of any charges for Third Party Materials on their platforms or websites. We reserve the right to change, suspend, remove, or disable access to any Third Party Materials via the App at any time without notice.

APP-STORE OPERATORS

The App-store Operators (including but not limited to Google Play, Apple App Store), and its associated companies are not a party to this End User License Agreement and have no responsibility under it. You acknowledge that the App-store Operator:

• shall not be responsible for responding to any product claim relating to the App including but not limited to: (i) claims related to the performance of the App or compliance with applicable legal or regulatory requirements; (ii) claims resulting from an infringement of a third party intellectual property right; and (iii) product liability claims; and
• has no obligation whatsoever to provide any maintenance and support user vices with respect to the App.

Your further acknowledge that the App-store Operator and its associated companies are third party beneficiaries to this End User License Agreement and that, upon your acceptance of this End User License Agreement, the App-store Operator will have the right (and will be deemed to have the right) to enforce this End User License Agreement against you to the extent that its use or these terms are relevant to the App-store Operator's legitimate interests.

 

OWNERSHIP AND PROHIBITION OF CHANGES

Unless otherwise stated, the copyright, trademarks and all other intellectual property rights in and relating to the App are owned or licensed by us. It is not permitted to change, to adapt or adjust, to translate, to create derivative works, to decompile, to reverse engineer, to disassemble the App, or otherwise try to derive the source code of the App. Legal powers to do so remain unaffected, in particular the user right to decompile the App in order to gain the necessary information to achieve interoperability with other programs, as far as the Publisher does not provide these under reasonable conditions.

It is not permitted to allow the use of the App to any third party paid or nonpaid, to publish, to license, to sell or otherwise commercially exploit the App. No rights may be granted regarding the App, including rental, lease or transfer in any other way, which is inadmissible. Some of the software components used in the App is open source software and these are owned by third parties.

DISCLAIMER OF WARRANTY

The App is provided to you by us free of charge or with charge. The App is provided to you on an "as is" basis. We give no express warranties, guarantees or conditions in relation to the App. To the extent permitted under your local laws, we exclude any implied warranties and conditions in relation to the App.

• We do not guarantee that the App will be available all the time or at any specific time;
• We do not guarantee that the App will be compatible with your device or will operate correctly with any other software on your device;
• We are not responsible for the security or integrity of any data transmitted or received via the internet or wireless communication networks when using the App.
• We are not, unless required by your local mandatory law, responsible for any losses, costs, damages, injuries accidents or claims suffered by you, another individual or any other third party arising out of or in connection with any Third Par ty Materials as your use of such Third Party Materials is governed by the license agreement in place between you and the relevant third party provider.

We follow the refund policies stated by the App-store Operators (including but not limited to Google Play, Apple App Store).

ENDING YOUR USE OF THE APP

You are free to stop using the App at any time. Please note, because we provide the App immediately upon your download request, you will not be permitted to cancel this contract under any consumer rights relating to distance selling. We may terminate or suspend your use of the App and/or your access to any Third Party Materials via the App without notifying you if in our reasonable opinion there has been a serious failure by you to comply with your responsibilities under this End User License Agreement (for example misuse of the App and/or any Third Party Materials or fraud). If we terminate your use of the App we may delete all records and data relating to you without liability to you. We may in our discretion discontinue or modify the App at any time.

GENERAL

Sometimes, because of changes to our business, changes in the law or our arrangements with third parties, we may have to make changes to this End User License Agreement. We will not notify you of any changes in this End User License Agreement which you may accept by continuing to use the App, or this End User License Agreement may terminate the App. This End User License Agreement is a contract between you and us and forms the entire agreement between you and us. Subject to the rights of the App-store Operator contained in clause above, no-one except you and us has any right to enforce the terms and conditions of this End User License Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999. You may not transfer any or all of the rights granted to you under this End User License Agreement to any other person. We may transfer any of our rights or obligations arising under this End User License Agreement at any time, provided such transfer does not adversely affect your rights under this End User License Agreement. For example, such a transfer may occur if there is a future sale or reorganization of our business. In the event that any provision or part of this End User License Agreement should be or become invalid, the other provisions and parts of this End User License Agreement shall still apply. All communications between you and us in connection with this End User License Agreement will be conducted in the English or Spanish language. Any communications we send to you individually in connection with this End User License Agreement will be sent to the most recent e-mail address or postal address provided to us by you. The law of the country where you downloaded the App apply. If any disputes arise between you and us in relation to this End User License Agreement and you want to take court proceeding, you may do so in the courts of Madrid (Spain). You may have rights under the laws of your country and this End User License Agreement shall not change those rights unless such laws permit this.

DISCLAIMERS APPLICABLE TO THE APP

• EV (Electric Vehicle) and PHEV (Plug-in Hybrid Electric Vehicle) disclaimer: Range, Charges and Costs are calculated using a simplified vehicle model and may differ from those actually achieved in the real world due to a number of factors. These include: road and environmental conditions, fitted options, vehicle loading and use of comfort features.
• Simulation beyond EVs and PHEVs capabilities: The simulation takes into account the power of the electric propulsion system to limit the energy consumption to those values. This means that in your real driving during the simulation you exceed the power limit of the simulated vehicle, the power value would be clipped to a defined value. In addition if you exceed during the simulation the maximum speed of the simulated vehicle, the App will calculated the energy consumption as if the simulated vehicle is able to achieve that speed. Some PHEVs may not run only in electric mode if the temperature are below a defined value or when the battery state of charge is out of certain range. This conditions are not considered in the App and therefore the App will provide results as if the PHEVs would be able to run in pure electric mode under all conditions.
• The App provide battery state of charge using a linear equation while in reality most of the EVs and PHEVs will show battery state of charge in a nonlinear equation (for example: values close to 100% of battery state of charge would last longer than others). This means that if you compare the App results and a real vehicle actual values, some differences would be seen (in some cases significant differences due to software calculation in real vehicles to be friendlier to the vehicle user).

DISTRACTION DISCLAIMER

The EVsRange App should be used by drivers only when safe to do so. Drivers must ensure they are in full control of the vehicle at all times. Drivers must start the recording of the trip in the App before starting the trip and stop the recording after finishing the trip. The user can turn off the smartphone screen and the app will keep working in the background.

 

PRIVACY POLICY

We built the EVsRange Pro app as a Commercial app. This SERVICE is provided by us and is intended for use as is.

We built the EVsRange app as a Free app. This SERVICE is provided by us at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at BIGAPP unless otherwise defined in this Privacy Policy.

Information Collection and Use

We do not required and use any personal information.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app

• Google Play Services
• Firebase Analytics
• Crashlytics

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at contact@evsrange.com.