Custom GeoPHEV

These are the terms on which we license you to use the Custom GeoPHEV mobile application (the “App”) and the Custom GeoPHEV website located at www.CustomGeoPHEV.com (the “Website”), including any updates, related data and documentation (together, the “Custom GeoPHEV Service”).

In order to use the Custom GeoPHEV Service, you must agree to these terms (by clicking “I agree” when prompted) at which point a contract will come into existence between us. If you wish to retain a copy of these terms, please visit www.CustomGeoPHEV.com]to save or print them.

We are Azura Engineering Limited, a company registered in England and Wales (company number 07831981). Our registered office address is Office 9 Strawberry Fields Digital Hub, Euxton Lane, Chorley, England (UK) PR7 1PS.

You may contact us at the address above, or by email at info@azura-engineering.com.

2. System Requirements

In order to use the Custom GeoPHEV Service, you will require:

· A Ford Transit PHEV vehicle fitted with a Custom GeoPHEV module.

· For the App: a compatible mobile device with Bluetooth enabled (please check compatibility on the relevant app store before downloading the App).

· For the Website: internet access and a compatible browser.

Please note that we do not supply the Custom GeoPHEV vehicle module and we are unable to offer support or maintenance in respect of the vehicle or the module. We do not provide any mobile or internet network services; third-party charges may apply to your use of any network services.

3. About Custom GeoPHEV

3.1 Features

The Custom GeoPHEV Service enables you to access the following features:

· Mandatory geofence zero emission zones

· Custom geofence zero emission zones

· Vehicle tracking and report generation

· User account administration (Management access only)

· Vehicle account administration (Management access only)

The availability of these features is subject to change, and we may add new features to the Custom GeoPHEV Service from time to time which will be subject to these terms.

3.2 Updates

From time to time we may automatically update the App or Website, or otherwise make changes to the Custom GeoPHEV Service, to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Custom GeoPHEV Service. You will not be entitled to any refund if you are unable to continue using the Custom GeoPHEV Service due to failing to install free updates that we provide.

3.3 Service Availability

We cannot guarantee continuous, uninterrupted access to or availability of the Custom GeoPHEV Service. Your ability to access the Custom GeoPHEV Service may depend on a number of factors, including your mobile device, browser and internet connection as well as environmental and topographical conditions.

4. Vehicle Safety

Always pay careful attention to the road while driving. You must not use a handheld device to access the Custom GeoPHEV Service while driving.

Using a handheld device while driving may be prohibited under applicable road traffic laws and it may distract your attention away from the road, putting yourself and others in danger.

With the Custom GeoPHEV Service, you will be able to access data relating to your vehicle, such as the vehicle battery level, battery range, fuel level, VIN number, geofence zone status and other diagnostic system information. This data is provided for informative purposes only and must not be relied on in place of normal vehicle maintenance.

5. Account and Privacy

In order to use the Custom GeoPHEV Service, you must first register an account within the App or on the Website. When you register your account, you will need to provide your email address, a password and optionally your company name.

You must keep your account credentials confidential and you may not share them with anyone else. You are responsible for any unauthorised activity that occurs in your account and you must notify us immediately if you become aware of any unauthorised use of your account or password.

The Custom GeoPHEV Service relies on data from your vehicle such as engine mode, location and zero emissions zones, and we may collect technical data about your devices, to deliver you great functionality and services.

We do not share any personal data that we collect from you with anyone else, other than our trusted service providers that we use to provide the Customer GeoPHEV Service to you. For more information about how we use your data, please see our Privacy Policy.

6. Changes to these terms

We may change these terms from time to time, for example, to reflect changes in law or best practice, to address security risks or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by contacting you at the email address you used to register your account and by sending push notifications to your mobile device, providing details of the change and the date on which it will take effect.

If you continue using the Custom GeoPHEV Service after the notified changes have taken effect, you will be deemed to have accepted the changes.

If you do not accept the notified changes you may terminate the agreement between us at any time (see clause 10 below), but you will not be able or permitted to continue to use the Custom GeoPHEV Service.

If the notified changes restrict or limit your rights under these terms, and you do not wish to accept them, you may be entitled to a refund of any charges that you paid for the Custom GeoPHEV Service (reflecting the period of time that the Custom GeoPHEV Service was available to you prior to cancellation).

7. How you may use the Custom GeoPHEV Service

In return for your agreeing to comply with these terms you may:

· download or stream a copy of the App onto any number of mobile devices and use the Custom GeoPHEV Service for your personal, non-commercial only;

· use any documentation that we may provide to support your permitted use of the Custom GeoPHEV Service;

· receive and use any free supplementary software code or update of the Custom GeoPHEV Service incorporating patches, bug fixes or new versions we may provide to you.

You must be 18 or over to accept these terms and download the App.

You may not transfer the App, your account or any other part of the Custom GeoPHEV Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

8. Usage restrictions

8.1 If someone else owns the device you are using

If you download or stream the App onto any phone or other device not owned by you, or if you use the Website on a device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

8.2 Sharing, copying and adapting the Custom GeoPHEV Service

You agree that you will:

· not rent, lease, sub-license, loan, provide, or otherwise make available the Custom GeoPHEV Service in any form, in whole or in part to any person without prior written consent from us;

· not copy the App, Website or any part of the Custom GeoPHEV Service, except as part of the normal use or where it is necessary for the purpose of back-up or operational security;

· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Custom GeoPHEV Service nor permit the Custom GeoPHEV Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Custom GeoPHEV Service on devices as permitted in these terms;

· not disassemble, de-compile, reverse engineer or create derivative works based on the Custom GeoPHEV Service nor attempt to do any such things, except to the extent required to obtain the information necessary to create an independent program that can be operated with the Custom GeoPHEV Service, provided that the information obtained by you during such activities is kept secure and not disclosed to any third party or used to create any software similar to the Custom GeoPHEV Service;

8.3 Acceptable Use Restrictions

You must:

· not use the Custom GeoPHEV Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Custom GeoPHEV Service or any operating system;

· not infringe our intellectual property rights or those of any third party in relation to your use of the Custom GeoPHEV Service (to the extent that such use is not licensed by these terms);

· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Custom GeoPHEV Service;

· not use the Custom GeoPHEV Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

· not collect or harvest any information or data from the Custom GeoPHEV Service or our systems or attempt to decipher any transmissions to or from the servers running the Custom GeoPHEV Service.

8.4 Vehicle Approach Zone Functionality

All Geofence zones whether Mandatory or Custom zones will have an approach zone covering 1 mile / 1.6 km automatically added to them. In this approach zone the “Custom GeoPHEV” device will behave as follows:

a) If entering the approach zone with >60% battery State of Charge the vehicle will remain in it’s current mode until entering the Geofence Zone

b) If entering the approach zone with between 40% and 60% State of Charge the vehicle will go into EV Later mode until entering the Geofence Zone

c) If entering the approach zone with less than 40% State of Charge the vehicle will go into EV Charge mode until entering the Geofence Zone

Driving the vehicle with the “Custom GeoPHEV” device active while within the approach zone (1 mile or 1.6 kilometres of a geofenced zone) may increase vehicle CO emissions. Please be mindful of this when creating or modifying custom Geofence zones.

9. Term, Renewal and Payments

The Custom GeoPHEV Service is provided free of charge for the duration of your 3-year new vehicle warranty from Ford (“Warranty Period”).

The agreement between us starts when you accept these terms, and continues until the end of the Warranty Period. At the end of the Warranty Period, the agreement between us will automatically come to an end, and you will no longer be able or permitted to access the Custom GeoPHEV Service, unless you contact us (info@azura-engineering.com) to arrange renewal.

If you wish to renew your access to the Custom GeoPHEV Service after the end of the Warranty Period, annual subscription charges will apply at our prevailing rates (please contact us for more information about applicable charges).

10. You may end the contract between us at any time

You may end the contract between us at any time, for any reason, by contacting us at info@azura-engineering.com.

If you renew your access to the Custom GeoPHEV Service after the end of the Warranty Period (see clause 9 above), you have two weeks after the date of renewal to change your mind. If you contact us to end the contract during those two weeks, you will receive a full refund of any charges that you paid for that renewal. If you end the contract between us after that period, you will not be entitled to a refund.

11. When we may end the contract between us

We may end your rights to use the Custom GeoPHEV Service (or temporarily suspend your access to all or part of the Custom GeoPHEV Service) at any time by contacting you if:

· you have broken these terms in a serious way; or

· we reasonably consider that your use of the Custom GeoPHEV Service is likely to cause damage to our business, infrastructure or data or have a detrimental impact on other users’ access to the Custom GeoPHEV Service.

If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end the contract between us because you have breached these terms, you will not be entitled to a refund of any charges paid.

If we decide to discontinue the Custom GeoPHEV Service, we will contact you to let you know that we will end the contract and the date until which you will be able to continue using the Custom GeoPHEV Service. If we end the contract between us for this reason, you may be entitled to a proportionate refund of any charges that you have paid.

12. What happens when the contract between us comes to an end

When the contract between us comes to an end (for any reason), we will close your account, all data associated with your account will be deleted and all data connections between your devices and the Custom GeoPHEV Service will be terminated.

Your rights under these terms will cease, you must uninstall the App (and delete any copies of it) from your device(s) and you may not continue to use the Custom GeoPHEV Service in any way.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

13.3 When we are liable for damage to your property

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not liable for business losses

The Custom GeoPHEV Service is for domestic and private use. If you use the Custom GeoPHEV Service 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.

13.5 Limitations to the Custom GeoPHEV Service

The Custom GeoPHEV Service is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Custom GeoPHEV Service. We make no representations, warranties or guarantees, whether express or implied, that information provided through the Custom GeoPHEV Service is accurate, complete or up to date.

13.6 Check that the Custom GeoPHEV Service is suitable for you

The Custom GeoPHEV Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Custom GeoPHEV Service meet your requirements before using it.

13.7 We are not responsible for events outside our control

If our provision of the Custom GeoPHEV Service 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 minimize the effect of the delay. We will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end your contract with us and you may be entitled to a refund of some or all of the charges you have paid (if any).

14. Intellectual Property Rights

All intellectual property rights in the Custom GeoPHEV Service throughout the world belong to us (or our licensors, where applicable). The rights in the Custom GeoPHEV Service are licensed, not sold, to you. You have no intellectual property rights in or to the Custom GeoPHEV Service other than the right to use it in accordance with these terms.

The Ford name and logos used within the Custom GeoPHEV Service are used under license from Ford Motor Company Limited.

15. Third Party Content and Resources

The Custom GeoPHEV Service may contain links to other independent websites, content, resources or services which are not provided by us. Such independent sites are not under our control and we assume no responsible for them. We have not checked and approved their content or their privacy policies (if any). You will need to make your own judgement about whether to use any such independent resources, including whether to buy any products or services offered by them.

The Custom GeoPHEV Service may use data or resources provided by third parties, including location data, mapping and directions. We cannot guarantee the accuracy of this data and accept no responsibility where it may be inaccurate. Additional terms may apply to your use of such third-party resources within the Custom GeoPHEV Service, which will be notified to you within the App and/or Website before you access them.

16. General terms

16.1 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

16.3 No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

16.4 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the Custom GeoPHEV Service in the English courts. If you live in Scotland or Northern Ireland, you may bring legal proceedings in the Scottish or Northern Irish courts (as applicable) or the English courts. If you live outside the UK, you may be able to bring legal proceedings in your jurisdiction.

16.7 Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Custom GeoPHEV

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