Terms and Conditions for TLog+

Introduction

These terms and conditions, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which TLog+ offers you access to and use of our Services. You agree to comply with all of the terms of these Terms and Conditions when accessing or using our Services.

You are contracting with enlucid bvba, Marie Popelinlaan 3, 3001 Leuven, Belgium (BE0891582923) hereafter refered to as TLog+, we or us.

Please be advised that these Terms and Conditions contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). You will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About TLog+

TLog+ is a service that allows users to collect data about the Tesla car(s) they have a legal right to use via the Tesla API. TLog+ allows to visualize this data so that the user of the Services can gain insights in the usage of the Tesla cars.

Intellectual Property Rights

The materials contained in the Services, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are solely our property and may be protected, at our sole discretion, by copyright, trade mark and other intellectual property laws, unless otherwise indicated. Any such content may be displayed and printed solely for your personal, noncommercial use, provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent.

Save for the above, and unless expressly granted, we do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Services or their user interface.

Using TLog+

You can use the Services only for car's for which you are legally allowed full longterm use.

You will not use or access the Services to breach or circumvent any laws, third-party rights or our systems or policies.

You will not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of TLog+.

You will not interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure

You will not commercialize any TLog+ application or any information or software associated with such application, except with the prior express permission of TLog+

You will not circumvent any technical measures we use to provide the Services.

You will not harvest or otherwise collect information about users without their consent.

You warrant that all the registration information you submit is true, accurate and complete and you warrant that you will its trueness, accuracy and completeness.

You warrant that you have the legal capacity to bind yourself or the entiry that you are representaing to these Terms and Conditions

If we believe you are abusing TLog+ and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove any data, remove any special status associated with your account(s), reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Under no circumstances will you be entitled to any credits, refunds or any other form of compensation in such case.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion. Under no circumstances will you be entitled to any credits, refunds or any other form of compensation in such case. Any restitution of fees by TLog+ does not create any rights for the user receiving such restituation nor any other user.

Fees

The fees we charge for our Services are listed on our Pricing page. The pricing page cosntitutes an integral part of the terms and Conditions. We may change our fees from time to time by posting the changes on our Pricing page 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

Fees may or may not include a free trial period. This will be detailed in on pricing page.

All fees are to be paid upfront. The Services delivered in exchange for the fees are based on best effort only.

Cancellation

At any time, you can cancel your subscription by contacting us via our contact page. Cancellation will take effect after the currently paid period ends. You will not be entitled to any credits, refunds or any other form of compensation.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from

your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device or vehicle(s) from the use of any of our Services;
a suspension or other action taken with respect to your account;
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms and Conditions or our policies.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) €50.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Consitions, your improper use of our Services or your breach of any law or the rights of a third party.

Applicable Law and Jurisdiction

You agree that the laws of the country of Belgium, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and TLog+, except as otherwise stated in these Terms and Conditions.

You agree that any claim or dispute that has arisen or may arise between you and TLog+ must be resolved exclusively by court located in Leuven, Belgium. You and TLog+ agree to submit to the personal jurisdiction of the courts located within Leuven, Belgium for the purpose of litigating all claims or disputes.

Legal Disputes

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TLOG+ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. BOTH YOU AND TLOG+ AGREE TO NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND TO NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) RELIEF MAY BE AWARDED ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) may be brought in court, subject to your and TLog+'s right to appeal the court's decision.

General

Except as otherwise provided in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms and Conditions, and in such event, we will post notice on tlog.plus.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.

We may amend these Terms and Conditions at any time by posting the amended terms on tlog.plus. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. Changes take effect when we post them on the TLog+ Services. You waive the right to receive specific notice of any such change. It is your responsibility to regularly check up on such changes. You will be subject to, and will be deemed to have been made aware of and have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms and Conditions. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

The Terms and Conditions and all terms and polices posted through our Services set forth the entire understanding and agreement between you and TLog+, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Disclaimer of Warranties; Limitation of Liability; Indemnity; Applicable Law; Legal Disputes and General.

These Terms will be applied fully and affect to your use of the Service. By using the Services, you agreed to accept all terms and conditions written in here. You must not use the Services if you disagree with any of these Terms and Conditions.

Minors or people below 18 years old are not allowed to use or sign up for any of the Services.