Updated on January 12, 2018


By agreeing to these terms and conditions you also agree to all parts. Read them carefully. Please contact iGarage with any questions. Remember to return here occasionally, because we may change these conditions from time to time. If there is something legal that you do not understand and your question is not answered in the Help center or by an employee of iGarage, please request clarification. 

1. END USER LICENCE AGREEMENT (EULA)

USING OUR SOFTWARE
You have activated an account for the software so that you can use it yourself on your computer, tablet or mobile phone. We authorize you to use our Software, but this consent may be revoked if you violate the terms of this Licence agreement ("EULA"). When you download our Software, we give you permission to install the Software, as described in this EULA. This access is for you personally, so you are not entitled to distribute the Software (or any part of it) to others. This also means that you may not sell, rent or make the Software available to other people, and you may not pass on or resell any licence keys. However, you may use the software to manage your vehicle, maintenance and mobility data and related services.

It is also important to prevent members of our community from obtaining pirated versions of our Software or fraudulent licence keys, which we may cancel, in the case of fraud. To ensure the integrity of the Software, all Software downloads must come from a single authorised central source. 

OWNERSHIP OF OUR SOFTWARE
Although we give you permission to use our Software, we are still the owners of it. We are also the owners of our brands and all the content in the Software.
So when you download our software, you obtain a licence to use our software in accordance with this EULA. You do not own the software itself. The only permissions you have in connection with the Software are the consents set out in these terms and conditions.

IGARAGE END USER LICENSE AGREEMENT
In order to protect IGARAGE (our "Software") and the members of our community, we must use this EULA to record the rules for downloading and using our software. We love rules as much as you do, so we have tried to keep this as short as possible. If you violate these rules, we may stop you from using our Software. If we think it is necessary, we can even ask our lawyers to contact you. If you use our Software, you agree to (and must abide by) the rules of this EULA. If you do not want or cannot agree to these rules, you should not use our Software. These terms of use include the terms and conditions for the IGARAGE website (https://igarage.nl) and the IOS and Android APP.

THE MAIN RULE
The most important rule is that you may not distribute anything that we have made. By distributing what we have created we mean: giving away copies of the Software, commercial use and trying to earn money, or giving other people access to our Software and its components in a way that is unfair or unreasonable.

The main rule is therefore that you do not (unless we specifically allow this, as in the account guidelines, usage guidelines brand, name and intellectual property):

  • Give copies of our Software to someone else;
  • Make commercial use of anything we have created;
  • Attempt to earn money with anything we have created;
  • Or allow other people to gain access to anything we have created in a way that is unfair or unreasonable.

And to be crystal clear, what we have created includes, but is not limited to, the client or the server software for our Software. It also includes modified versions of the Software, part of it or other things we have created.

CONTENT
If you make content available on or through our Software, you must give us permission to use, copy, modify and customize the content. This consent must be irrevocable and we may also allow other people to use and process your content. We will keep your personally-targeted information such as name and contact details and your vehicle and maintenance data strictly confidential unless you give your personal permission to use it. This may be necessary, for example, to improve the calculation of the maintenance forecast and our services in general. If you do not want to give us this permission, you should not make content available on or through our Software.

If you are going to make something available on or through our Software, it should not be offensive to others or be illegal but be honest and your own creation. The kind of things that you should not make available by using our Software are: messages that contain racist or homophobic language; messages that bully; messages that may harm us or the reputation of another.

UPGRADES
We will occasionally make upgrades and updates available, but we don't need to do that. We are also not obliged to provide continuous support or maintenance of any Software. Of course we hope to release new updates for our Software, but we cannot guarantee that we will do so.

OUR LIABILITY
At iGarage and its suppliers, you can only claim direct damages to the amount you have paid for the software in the year that the damage arises. You cannot recover any other damages, including consequential damages, loss of profits, special, indirect or incidental damages.

This limitation applies to:

  • Everything related to the software, services, content (including code) of third-party Internet sites or third-party programs;
  • Claims for shortcomings in the fulfilment of the agreement, warranty or conditions, strict liability, negligence or other tort insofar as permitted under applicable law.

This limitation applies even if:

  • Repair, replacement or refund of the purchase amount for the software does not constitute full compensation for any damage;
  • Whether iGarage was aware of or should have been aware of the possibility of such damage.

Certain jurisdictions do not allow the exclusion or limitation of consequential or incidental damages. As a result, the above limitation or exclusions may not apply to you. It is also possible that these limitations or exclusions may not apply to you because the exclusion or limitation of incidental, consequential or other damages is not permitted in your country.

TERMINATION
If we wish, we may terminate this EULA if you violate the terms. You can cancel your user license at any time; All you have to do is deactivate the account and the EULA will be terminated. If the agreement has been terminated, you will no longer be allowed to use our Software. The paragraphs on "ownership of our Software", "Our Liability" and "General Items" continue to apply even after the agreement has been terminated.

General
The EULA is subject to all legal rights that you may invoke. Nothing in these terms and conditions is intended to limit your rights which may not be excluded by law, nor do we want to exclude or limit our liability for death or personal injury resulting from our negligence, or as a result of any fraudulent statements. We can also adapt this EULA occasionally, but these changes will only go to the extent permitted by law. So come back here occasionally for notification of any changes to the EULA. We are not unreasonable in doing so, but sometimes the law has changed or someone is doing something that affects other users of the Software,. If you come to us with a suggestion for our Software, you make the suggestion  free of charge. This means that we will use your suggestion in a way that we want, and we do not have to pay for it. If you think you have a suggestion for which we would be willing to pay, you should tell us before you make the suggestion . If you have obtained the software in the Netherlands, the interpretation of this agreement is governed by the law of the State of the Netherlands and the law of the State of the Netherlands for shortcomings in the performance of the Agreement shall apply. The law of the State in which you reside applies to all other claims, including claims arising from consumer protection legislation, competition law and tort. 

2. ACCOUNT CONDITIONS

These account terms relate to the ways in which https://igarage.nl (our "Website") is made available to you and may be used by you. We think it is important that all members of our community can enjoy the use of our Website. That is why we have created these conditions to create a few basic rules. We also want to ensure that people do not use our Website in a way that could have the wrong impact on our products or on our brand.

By visiting our Website, you agree to these Terms and conditions, and a legal agreement between you and us will be established. If you do not agree to these terms, you should stop using the Website. If you are under the age of 18, you may not use our Website.

REGISTRATION, ACCOUNT AND PASSWORD

The information you provide to us as part of the registration must be correct. You can change your registration details if they are out of date. If you deliberately tell us something that you know is not true, and we therefore end up in trouble or lose money, we can hold you responsible for it. That means that you have to compensate us for the damage you have caused and for the losses we have suffered. You may need to register with us to access all parts of our Website. The user name and password you create are private; so keep them to yourself. If someone accesses through your username and password, and the person is doing something wrong on our Website, then you are responsible. If you think someone else knows your password, you need to change your password. If someone uses your password to do something on our Website that you do not want or causes damage to you, then we cannot take responsibility for it, and therefore we are not responsible.

RIGHTS OF USE AND INTELLECTUAL PROPERTY 
You are free to use our Website as long as you adhere to these terms and conditions. This Website is intended for personal use only. You cannot use our Website for commercial purposes, so do not attempt to make money with the Website. The permission to use this Website is intended for you personally. You cannot pass on the permission to anyone else. Remember that we still own the Website and the Website content; However, we give you permission to use it. We want you to enjoy the use of our Website, but if we want to, we can deny you access to our Website at any time and without giving any reason.

RESTRICTIONS AND OBLIGATIONS

It is not permitted to hack our Website in any way whatsoever, decompile or change it and you should not do so. This applies to the code, to all content and to all data. Basically you should just leave the Website as it is. It is also not permitted to create software or content that will be used to reproduce our Website. We really do not want anyone in our community to be confused about which website is the official website.

We do ask you not to use our Website in a way that we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We do not want our Website to be used in a way that disturbs people. 
It is also not permitted for you to attempt to make money using our Website unless we have given you permission to do so in writing.

PRICE AND PAYMENT
You may have to pay us for the use of certain functions of the software (e.g. premium features such as auto status and extended maintenance forecast). You can pay a license for these functions directly through the website, through a garage participant or from one of the official business partners. The payment method and the system are included on our Website, but we may change that from time to time. If we want, we can refuse any form of payment. You must always pay in the currency listed on our Website, but your bank or credit card company must be able to exchange your money if necessary. Your credit card company may be doing security checks to ensure that you are really the one who places the order.

REFUNDS, FEES AND CANCELLATIONS

If you cannot use a product because it does not work, please let us know and we will try to help you. The purchase of a product through our Website begins when the download of the product starts or you have accepted the terms of use, after which you are not entitled to cancel your order of the product.

PROMOTIONS AND NEWSLETTERS
 
As a user of IGARAGE you will receive periodic newsletters. Sometimes we have promotional communication via newsletters. If we do, the main rules are listed below. There may be other rules regarding a particular promotion, but we will tell you if we inform you about the promotion. The most important rules are:

  • Only one promotion can be used simultaneously, and you may not use a promotion in combination with any other offer;
  • Discounts are valid only until the date indicated and are only applicable to purchases made on the Website;
  • Discounts are non-refundable;
  • We can cancel promotions at any time.

3. USAGE GUIDELINES FOR NAME, BRAND AND INTELLECTUAL PROPERTY

All our products have become really important for us and for our community, which means that many users want to use our brands and everything around our products to do good things with them. We are happy with that. But sometimes people go too far, and they do things whereby the community thinks their products and services are linked to us, supported by us, or even made by us. We are less happy with that. Especially when people do that intentionally to take unfair advantage of the community and from our work. When that happens, users buy things that they think are official while they are not. This means that we cannot control quality, and that reduces the value of the work we have put in and the trust our community has in us.

We don't want you to stop contributing to improving iGarage. These guidelines are therefore intended to help everyone understand what we consider to be fair and unfair use of our "brand" and our "intellectual property". The purpose of these "guidelines" is to give you some clarity about what you can do without having to contact us (or our lawyers) – and what you should not do because otherwise we (or our lawyers) will have to contact you. We hope you understand this.

DIRECTIVES
These directives relate to the use of our brands and our intellectual property. In these guidelines, the following terms indicate the meaning:

  • Name: we mean iGarage;
  • The brand: By this we mean our names and the associated logos and distinguishing features of our software;
  • The intellectual property: This means that we mean the code, software, graphics, structures, sound and audio of our software.

These guidelines are in addition to and not in the place of our Account terms or our EULA. Remember that in all our EULAs we say that there are some important rules regarding our software:

These guidelines do not affect this principle, but are intended to help people understand what we expect and what we need. We ask you to check back on this page occasionally because we will update these guidelines regularly and provide further explanations. 

ESSENTIAL REQUIREMENTS
The first point we want to make is that there are the following essential requirements for each use of our brands (including our names) and our intellectual properties.

If you are allowed to use any part of our names, our brands and/or our intellectual property, then YOU must do this with the thing that you have created: These are the "essential requirements".

COMMERCIAL USE
We work with several official business partners to ensure that users can work better. Our business partners have been given the opportunity to sell IGARAGE products. We have made agreements on this with regard to the use of our brand.

4. GENERAL POINTS

These terms and conditions are subject to all legal rights that you might have. Nothing in these terms will limit your rights which cannot be legally excluded. We will not, therefore, exclude or limit our liability for death or personal injury as a result of our negligence, nor for deception.

We may change these terms at any time. We do not need to report on the changes for them to take effect, and the impact can be retroactive. You need to review these conditions occasionally, so that you are aware of any changes to these terms. 

If something is not covered in these guidelines it probably means that we do not want you to do it. In any case, please ask our permission before doing anything that is not covered by the guidelines. You can reach us via 
[email protected]. If something is expressly dealt with and is permitted under these conditions then you do not have to contact us.

iGarage International B.V.
Amstelzijde 45
1184 TZ Amstelveen
Netherlands

Email:
[email protected]