TERMS OF SERVICE

Last updated August 22, 2024

1. LICENSE

By using TeslaBat (“Software”) you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Sentry Brain SMPC your use of TeslaBat indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Sentry Brain SMPC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use TeslaBat in accordance with this Agreement and any other written agreement with Sentry Brain SMPC. Sentry Brain SMPC does not transfer the title of TeslaBat to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Sentry Brain SMPC and the purchasers or users of TeslaBat.

If you do not agree to be bound by this agreement, you may delete your account and/or remove TeslaBat from your devices.

2. DISTRIBUTION

TeslaBat and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of TeslaBat contact Sentry Brain SMPC.

3. USER AGREEMENT
3.1 Use Restrictions

You shall use TeslaBat in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of TeslaBat together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile TeslaBat. Nor can you create any derivative works or other works that are based upon or derived from TeslaBat in whole or in part.

Sentry Brain SMPC’s name, logo and graphics file that represents TeslaBat shall not be used in any way to promote products developed with TeslaBat . Sentry Brain SMPC retains sole and exclusive ownership of all right, title and interest in and to TeslaBat and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of TeslaBat, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Sentry Brain SMPC.

3.3 Limitation of Responsibility

You will indemnify, hold harmless, and defend Sentry Brain SMPC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Sentry Brain SMPC’s Software.

In no event (including, without limitation, in the event of negligence) will Sentry Brain SMPC, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, TeslaBat or the use or inability to use TeslaBat or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Sentry Brain SMPC’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Sentry Brain SMPC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Sentry Brain SMPC.

3.4 Warranties

Except as expressly stated in writing, Sentry Brain SMPC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.5 Governing Law

This Agreement shall be governed by the law of Greece applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Larissa, Greece therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.6 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of TeslaBat and destroy all copies of TeslaBat supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY TeslaBat AS WELL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid for licensing the TeslaBat software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree that Sentry Brain SMPC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to TeslaBat. Sentry Brain SMPC may also use this information to provide notices to you which may be of use or interest to you. You agree that Sentry Brain SMPC may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Sentry Brain SMPC may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.