1. ABOUT US
We are AI Remap Technologies Limited, a company registered in England and Wales under company number 13648078. Our registered office is atRoom 10, Ai Remap Quantum, Second Floor Silverstone Innovation Centre, Silverstone Park, Towcester, England, NN12 8GX. Our VAT number is: GB394 9738 27
2. HOW TO CONTACT US
- 2.1 You can contact us by sending an email to info@AI-remap.comior.
- 2.2 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. THESE TERMS
- 3.1 These terms apply to any purchase of Software, you make on our website.
- 3.2 Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
- 3.3 For the purposes of these terms, you are a ‘consumer’ if you are buying the Software from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying the Software from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
- 3.4 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to AI Remap Technologies Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
- 3.5 You must be at least 18 years old to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
- 3.6 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
- 3.7 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
- 4.1 Please check your order carefully and correct any errors before you submit it to us. Your order is an offer to buy the Software from us on these terms.
- 4.2 terms During the order process you will be required to upload your current engine tuning software, following which our website will list the options for the Software that you can purchase. When youplace your order at the end of the online purchase process (e.g. when you click on the ‘pay now’ button) and payment is taken from you, a legally binding contract will come into place between you. At this point,the Software will download automatically.
- 5.1 We cannot guarantee that the Software will be available at any given time, or that access to the Software will be uninterrupted, error free or secure. For example, access to the Software may be temporarily unavailable while we carry out maintenance or for other technical reasons.
- 5.2 We may need to suspend or stop providing the Software to deal with technical problems or make minor technical changes or where there has been a change in law. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund if payment has already been taken.
6. DESCRIPTIONS AND TECHNICAL REQUIREMENTS
- 6.1 Descriptions of the Software are set out on our website. Please read the descriptions carefully.
- 6.2 You are purchasing the Software only and you will need to ensure that you havethe correct tuning tools and hardware to connect to a vehicleto be able to use the Software.
- 6.3 To download, install and use the Software, your device requires processor of 1 GHz or faster (32-bit or 64-bit), a minimum of 1GB of memory,and a minimum of 250MB hard drive space. You are responsible for making sure that your device meets these requirements.
- 6.4 You will need internet access to download the Software and you are responsible for any charges you may incur in connection with your download.
- 6.5 We are not liable to you if you are unable to download or use the Software due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
7. PERMISSION TO USE THE SOFTWARE
- 7.1 In consideration of payment by you of the price for the Software and you agreeing to abide by these terms,we grant you a non-exclusive, non-transferable licence to download, install and use the Software provided you follow all of the rules in these terms. The licence starts when you download the Software.
- 7.2 If you are a consumer, the licence is for your personal and domestic use only. You must not use the Software for commercial, business or resale purposes.
- 7.3 If you are a business customer, the licence is for your internal business purposes only. You must not use the Software for any resale purposes.
- 7.4 You do not own the Software or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the Software is your own or make it available to others to download or use.You acknowledge that you have no right to have access to the Software in source code form.
- 7.5 You must not conceal, change or remove any markings which show who owns the Software, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the Software in a way that you are not allowed to.
- 7.6 You acknowledge and agree that you are responsible for any use you make of the Software and for what vehicles the Software is installed on.Before downloading the Software, you must check whether the installation of the Software on avehicle and/or your intended use of the Software is legally permitted under any local laws applicable to you and the location in which you will install and/or use the Software. If such installation and/or use is not legally permitted, you must not purchase and download the Software. You must not install and/or use the Software for any purpose that is illegal or unlawful in the territory in which you are located or any other territoryin which you will download, install or use the Software. You must not install the Software on any vehicle registered for use on public roads if to do so would be illegal or unlawful under local laws.You shall be liable to us and indemnify us for any breach of this clause7.6. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this clause 7.6.
- 7.7 Except as expressly set out in these terms or as permitted by any local law, you undertake:
- 7.7.1 not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security.
- 7.7.2 to comply with all applicable local laws when downloading, installing and using the Software.
- 7.7.3 not to re-sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software.
- 7.7.4 not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- 7.7.5 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
- 184.108.40.206 is used only for the purpose of achieving inter-operability of the Software with another software program; and
- 220.127.116.11 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- 18.104.22.168 is not used to create any software which is substantially similar to the Software;
- 7.7.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- 7.7.7 to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
- 7.7.8 not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person.
- 7.8 If you do not comply with any term in this clause 7, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
- 7.9 If we end our contract with you in accordance with clause 7.8:
- 7.9.1 you will not be entitled to a refund and we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 78;
- 7.9.2 all rights granted to you shall cease and you must immediately stop using the Software;
- 7.9.3 you must delete or remove the Software from all devices and computer equipment in your possession, and destroy or return to us (at our option) all copies of the Software then in your possession, custody or control; and
- 7.9.4 we may delete or suspend access to your account.
- 8.1 The price of the Software (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Software advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the Software you order.
- 8.2 It is always possible that, despite our best efforts, the Software may be incorrectly priced. We will normally check prices before accepting your order so that, where the Software’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require you to delete or remove the Software from all devices and computer equipment in your possession, and destroy or return to us (at our option) all copies of the Software then in your possession, custody or control.
- 9.1 We accept the following credit cards and debit cards: VISA, Mastercard. All credit card and debit card payments need to be authorised by the relevant card issuer.
- 9.2 We will take payment from your card when you place your order.
10. HOW TO DOWNLOAD THESOFTWARE
- 10.1 The Software will download automatically after you place your order and we take payment from you.
- 10.2 If you do not own the device you use to download the Software, you must obtain permission from the owner to download the Software onto their device.
- 10.3 You may only download the Software once. If you wish to make download another copy of the Software after this download, you will need to purchase another download for the Software.
- 10.4 If you are having trouble downloading the Software or the Software does not download automatically, please email us at firstname.lastname@example.org.
11.YOUR NO RIGHT TO CHANGE YOUR MINDCANCEL
This clause 11 only applies to you if you are a consumer.
- 11.1 When you place an order for the Software, you will be asked to tick a box to confirm that you consent for the download of the Software to start immediately after you place your order by clicking the Pay now button and that you acknowledge that this means you lose your right to cancel.
- 11.2 This means that you do not have the right to cancel this contract once the automatic download of the Software starts and are not entitled to a refund unless the Software is faulty.
12. NATURE OF THE SOFTWARE
- 12.1 When we supply the Software:
- 12.1.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- 12.1.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
- 12.1.3 you acknowledge that there may be minor errors or bugs in it.
13. FAULTY SOFTWARE – CONSUMERS
This clause 13 only applies to you if you are a consumer.
- 13.1 The Software that we provide to you must be as described, fit for purpose and of satisfactory quality.
- 13.2 We are under a legal duty to supply digital content that is in conformity with our contract with you.
- 13.3 If theSoftware is faulty, you are entitled to a repair or a replacement.
- 13.4 If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
- 13.5 If you can show that a fault in the Software has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
- 13.6 Clauses 13.1 to 13.5 5are a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 11 above. Nothing in these terms will affect your legal rights.
- 13.7 If there is a problem with the Software, please contact us at Technical@AI-remap.com.
14. FAULTY SOFTWARE – BUSINESS CUSTOMERS
This clause 14 only applies to you if you are a business customer.
- 14.1 We warrant that the Software will, when properly used on an operating system for which it was designed and subject to clause 12 and clause 14.2, conform in all material respects with its description on the site for a period of [10 days] from the date the Software is first made available for download (“Warranty Period”).
- 14.2 The warranty given in clause 14.1 does not apply:
- 14.2.1 if the defect or fault in the Software results from you having altered or modified the Software; and
- 14.2.2 if the defect or fault in the Software results from you having used the Software in breach of the terms of these terms.
- 14.3 If the Software does not comply with clause 14.1 we will (at our option) correct the errors within a reasonable time or replace the defective Software or refund any payments made for the defective Software, provided that:
- 14.3.1 you notify us by email to technical@AI-Remap.com with in the Warranty Period and
- 14.3.2 you provide us with sufficient information to enable us to reproduce the errors or investigate the defect.
- 14.4 If we provide you with a refund under clause 14.3:
- 14.4.1 you no longer have any rights to use the Software; and
- 14.4.2 you must remove the Software from any device and delete any copies.
- 14.5 Clause 14.3 sets out your sole and exclusive remedy for any breach of clause 14.1.
- 14.6 Except as set out in this clause 14, we give no warranties and make no representations in relation to the Software, and all warranties and conditions whether express or implied by statute, common law or otherwise (including any implied terms relating to quality, fitness for any particular purpose, reasonable care and skill or ability to achieve a particular result) are excluded to the extent permitted by law.
15. EVENTS BEYOND OUR CONTROL
If our supply of the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Software you have paid for but not downloaded.
16. OUR LIABILITY TO CONSUMERS
This clause 1618 only applies to you if you are a consumer.
- 16.1 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- 16.2 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). We will not be liable to you for any losses that were not foreseeable or that were nor caused by any breach by us or our negligence.
- 16.3 We only supply the Software for to you for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.If you use the Software for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
- 16.4 If defective Software which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum technical requirements advised by us.
- 16.5 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in on our website meet your requirements.
17. OUR LIABILITY TO BUSINESS CUSTOMERS
This clause 17 only applies to you if you are a business customer.
- 17.1 Nothing in these terms will limit or exclude our liability for:
- 17.1.1 death or personal injury caused by negligence;
- 17.1.2 fraud or fraudulent misrepresentation; or
- 17.1.3 any other losses which cannot be excluded or limited by law.
- 17.2 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price paid for the Software.
- 17.3 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
- 17.3.1 loss of profit;
- 17.3.2 loss or corruption of data;
- 17.3.3 loss or corruption of software or systems;
- 17.3.4 loss or damage to equipment engine control units, or vehicle components;
- 17.3.5 loss of use;
- 17.3.6 loss of opportunity;
- 17.3.7 loss of savings, discount or rebate (whether actual or anticipated);
- 17.3.8 harm to reputation or loss of goodwill; or
- 17.3.9 consequential, indirect or special losses.
- 17.4 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in on our website meet your requirements.
18. YOUR INFORMATION
19. GENERAL TERMS
- 19.1 No one other than a party to this contract has any right to enforce any term of this contract.
- 19.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
- 19.3 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
- 19.4 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
- 19.5 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
- 19.6 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
- 19.7 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
- 19.8 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).