2016+ VR30 3.0T Q50/Q60 ECUTEK FULL REMOTE TUNE PACKAGE

PhoneFlash – Terms And Conditions of Use

PhoneFlash (including EcuTek Cloud) Terms and Conditions of use  

Please read these terms and conditions of use carefully before accessing, using or obtaining services, advice or information. By using the ECU Connect app, ProECU, PhoneFlash services, the EcuTek website or any feature of these platforms, you agree to and are bound by the terms of the below document.  Special attention should also be cast on our “Privacy Policy”. 

EcuTek reserve the right to change these terms and conditions at any time for any reason without notification placing the updated terms and conditions on the App stores and website as required. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. 

This agreement (the “Agreement”) is made between EcuTek Technologies (“EcuTek”) and you, the customer (“Licensee”). The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement shall constitute the complete and exclusive statement of the terms and conditions, and no extrinsic evidence whatsoever may be introduced in any judicial proceeding, which may involve the Agreement. This Agreement supersedes any other written agreements between you and EcuTek and may not be modified except by a writing executed by both parties hereto. 

For the purpose of this agreement, the Product is software including but not limited to ECU Connect, ProECU and the ROM storage, subscriptions, and transfer infrastructure, its associated PhoneFlash support functions and systems, including the back end systems accessed using the front end software.  

General Conditions 

You agree to the following definitions and that you qualify as either a “Tuner” or an “End User” and the terms thereafter unless defined otherwise. 

Parties involved 

• The “End User” or customer is the party that receives goods and services directly or via EcuTek services from a “Tuner”.  
• The “Tuner” represents all employees of the no innated tuning company (selected by the “End User”) for the purpose of supplying tuning services. 
• “EcuTek” includes the company and any and all employees. 

Services and Product definitions 

• The “Service” defines the systems used in PhoneFlash, including storage, accounts, transfers, communication and delivery infrastructure related to delivering the Product to you. 
• The “Product” is the goods created or sold by the tuner for use in the PhoneFlash system. This can include any designed, developed or delivered goods, including digital goods created by a “Tuner” and delivered by “EcuTek” software or PhoneFlash specific hardware before during or after being processed. Hardware and tuning items not related specifically to the or use of the PhoneFlash service (e.g. injectors or turbo kits) are not part of the product in these terms and conditions, and EcuTek has no influence or liability regarding these items. 
• “Unsuitable data” is any file, calibration, advice, or specification that “EcuTek” or a “Tuner” has with reasonable requirement deemed unsuitable for use by an “end user”. The intent of this process is to protect end-users and tuners from known issues while they are being remedied.  The final determination of reasonable requirement is at the discretion of EcuTek; it can be initially set by a “Tuner” or “End User”, but requests can be made from any party and release of “Unsuitable Data” reviewed on a case by case basis by “EcuTek”. 

Privacy Policy  

The tuner must have a Privacy Policy to use the service. 

EcuTek have a privacy policy relevant to both the End User and Tuner 

Owner Ship 

Who owns the Product in PhoneFlash 

Ownership of the product is defined as which party has control of access to the product.  

The Tuner has ownership of any and all of their inventions; PhoneFlash relevant hardware, calibrations, advice and tuning information (product) before it is transferred to the PhoneFlash cloud system.  

The Tuner always retains ownership of their intellectual property (IP) contained in any of the calibrations, information or advice within the Product even if access to the product is not controlled by the tuner. 

EcuTek or the End-user will not reverse engineer, disassemble or share a tuners IP with any other party except on their express permission. EcuTek retains copies of the product within their infrastructure to enable the transfer of files etc.; they do not share data with any party without permission from the current owner. 

Once the Product has been delivered (physically or transferred to EcuTek Cloud), ownership transfers to the end-user and access to the Product is fully granted.  Though the End User is the owner of the product items may not be made visible if they are deemed as unsuitable by “EcuTek” or the “Tuner”, if the customer wishes to obtain copies of the unsuitable data, it can be requested from EcuTek and if approved can be accessed with no liability or service guarantee offered henceforth.  

EcuTek reserve the right to change ownership of the product when in dispute on a case by case basis. 

Unauthorised Copies of Products and services are not allowed. 

In the event of situations where either the end-user, Tuner are dissolved, default, or deceased, the ownership of data and control is transferred to the respective other parties to maintain. 

The End User is the Owner of any items Developed by and from the PRODUCT; this includes data Collected (e.g. logs, DTC Reports, Performance runs and Calibrations) once they have been delivered for you. 

End-User and Tuner Contributions  

EcuTek does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

EcuTek have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

Who controls the Service? 

EcuTek reserves the right to control access to any and all data created or used by any party. 

Access to the product or parts of the product created by the “tuner” can be restricted or labelled as unsuitable by the “tuner” when reasonable grounds are given. The tuner should communicate with the “End User” when making this change so that the “End User” is aware that the file will be marked as unsuitable. 

Files deemed as unsuitable for use and are marked as such will no longer be available for download by the end-user. This ensures calibrations that are deemed unsuitable for use in a vehicle cannot be inappropriately downloaded.  End-users still own these files and can request them from EcuTek with no guarantees or liability henceforth from either EcuTek or the Tuner; using or storing these files is at the End Users risk. 

Fee’s and Charges 

EcuTek does not charge the “End User” for any tuning services. ECU Connect is a free to use app. Charging for tuning services is performed by the “Tuner” and made separately from this service and agreement. 

EcuTek may charge a service fee where applicable to implement the transfer of data and tuning services etc. 

EcuTek Product License 

This Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 

This Service is licensed, not sold. Licences and login’s to the service cannot be shared. 

Grant Of License 

You may install and use the Product on as many devices as required belonging to you or your employer. Due to the nature of the Product, you may only use one EcuTek account login on the device at one time. ProECU and the ProECU related functions for ECU connect can only be used one device at a time due to the nature of the DESKey. 

Limitations Of Use 

You may not reverse engineer, decompile, or disassemble the PRODUCT nor permit any third party to reverse engineer, decompile, disassemble or otherwise reduce the Software to any other humanly perceivable form, and may not modify, adapt, rent, lease, loan, or create derivative works based upon the PRODUCT or any part thereof. 

You may not attempt to circumvent the per ECU licensing model or per vehicle subscription model used by the PRODUCT in any way. 

Use of the PRODUCT to develop ECU calibrations is restricted solely to ECUs that will be programmed using the product, according to the PRODUCT licensing model. 

You may not make available any part of the software, hardware or documentation available to a third party without the express written permission of EcuTek. 

Any software updates or data files supplied by EcuTek in relation to this PRODUCT are covered by the terms and conditions specified in this agreement. 

You agree to only permit competent persons (experienced in engine management tuning) to supply tuning products, analysis or tuning advice within the PRODUCT. 

Any Communications made using the PRODUCT must not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the PRODUCT to you. 

You may not…

• use the PRODUCT for any purposes that may damage the reputation of EcuTek or any of the manufacturers whose vehicles EcuTek support. Perform all tuning in a responsible and ethical manner. 
• engage in unauthorized framing of or linking to the PRODUCT. 
• trick, defraud, or mislead EcuTek and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
•  Interfere with, disrupt, or create an undue burden on the PRODUCT or the networks or services connected to the PRODUCT.
•  Attempt to impersonate another user or person or use the username of another user. 
• Use any information obtained from the PRODUCT in order to harass, abuse, or harm another person. 
• Sell or otherwise transfer your profile. 
• Use the PRODUCT as part of any effort to compete with EcuTek or otherwise use the PRODUCT and/or the Content for any revenue-generating endeavor or commercial enterprise. 
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the PRODUCT or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the PRODUCT.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the PRODUCT, or using or launching any unauthorized script or other software. 

EcuTek may terminate this license agreement if you fail to comply with any of the terms and conditions of this agreement. In such event, you will be required to destroy all copies of software and return all hardware components of the package to EcuTek. 

The services and information provided by the PRODUCT is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EcuTek to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the PRODUCT from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Copyright 

All title and intellectual property rights in and to the entire PRODUCT hardware, software and documentation are owned by EcuTek. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. 

All rights not expressly granted in this agreement are reserved by EcuTek. 

Copyright Infringements 

We respect the intellectual property rights of others. If you believe that any material available on or through the PRODUCT infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the PRODUCT infringes your copyright, you should consider first contacting an attorney. 

File and User Contribution Retention 

EcuTek will maintain certain data that you transmit using the service or product for the purpose of managing the service or product, as well as data relating to your use of the service or product. Although EcuTek perform regular routine backups of data, The End User and tuner are solely responsible for all data that transmitted or that relates to any activity the end user or tuner have undertaken using the service or product. The end user & tuner agree that we shall have no liability to both parties for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

Backups and storage limits 

EcuTek will to the best of its ability securely and reliably store the “end Users” and “tuners” data for a period of 5 years max. Backups of work will be kept and made accessible on request and give out at EcuTek’s Discretions.   

EcuTek guarantee no more than 20 individual calibrations will be retained on EcuTeks infrastructure per “End User”. 

EcuTek guarantee no more than 20 individual DTC reports 

EcuTek guarantee no more than 40 individual Log files. 

EcuTek may keep more than these specified numbers but if removal is required the oldest files will be removed first. 

File conversion (done during upload) is not reversible so cloud files cannot be used as a backup of tuner created files,  if tuner data is lost EcuTek can’t supply a copy of the file used to create it. 

Deleted files 

Calibrations flagged as unsuitable and for deletion will be removed from EcuTek’s hardware at EcuTek’s earliest convenience. Deleted files are not covered by EcuTek’s backup policy. 

Data Collection. 

 The End User & Tuner hereby expressly agrees that EcuTek may collect and use information (“Data”) about Licensee’s computer hardware, operating system, and Software. The Data collected includes parameters uniquely identifying the computer hardware, crash and usage details, and related information. This Data is gathered for securing intellectual property, troubleshooting, analysing the health of service, and improving the Software and services; the Data is also aggregated and analysed anonymously for marketing purposes. EcuTek will not disclose any Data to any third party. For more information please see the Privacy Policy. 

Limited Warranty 

EcuTek warrants that: 

The PRODUCT will perform substantially in accordance with the accompanying written materials for a period of 12 months from the date of receipt. 

EcuTek will make reasonable efforts to solve any reported problem with the PRODUCT. However, compatibility with future ECUs and technology cannot be guaranteed. 

This warranty is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. 

Customer Remedies 

EcuTek’s entire liability and your exclusive remedy shall be, at the choice of EcuTek: 

Return of the price paid, if any, minus any licenses used. 

Or at EcuTek’s option, repair or replacement of the PRODUCT that does not meet EcuTek’s Limited Warranty. 

No Other Warranties 

To the maximum extent permitted by applicable law, EcuTek disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the PRODUCT, and the provision of or failure to provide support services. 

To the maximum extent permitted by applicable law, in no event shall EcuTek be liable for any special, incidental, indirect, or consequential damages. Whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT or the failure to provide support services, even if EcuTek has been advised of the possibility of such damages. 

In any case, EcuTek’s entire liability under any provision of this license agreement shall be limited to the amount paid by you for the PRODUCT. 

In order to accurately manage the ProECU licensing system and to ensure the best possible compatibility with different PCs and Windows OS versions, ProECU gathers some basic configuration information about the PC on which it is installed and the vehicle ECU that it interrogates and programs. This information remains exclusively within EcuTek, which may use it (but is not limited to using it) for the purposes of product improvement, development and marketing, and to enhance the support it provides to the EcuTek tuner network. 

From time to time, EcuTek will provide updates that enhance and improve the PRODUCT. To use these updates, you must agree to any updates to the license agreement. 

Complaints Procedure 

In order to resolve a complaint regarding the Product or Service or to receive further information regarding use of the Application, please contact us at: 

Head Office	EcuTek Technologies Ltd.  8 Union Buildings  Wallingford Road  Uxbridge, UB8 2FR  England
Phone	(+44) 1895 811200
E-mail	sales@ecutek.com

Specific terms for the End User  

You in this section applies to You if you are using the PhoneFlash system as an end user 

You will not reverse engineer, disassemble or share a tuners IP with any other party except on their express permission 

Specific terms for the Tuner 

You in this section applies to You if you are using the PhoneFlash system as a “Tuner” 

You bear the cost of the subscription to implement Phone flashing aspects of ECU Connect. The Tuner agrees to pay EcuTek the applicable Subscription fees stated in the EcuTek designated Fee Schedule, available upon request. Unless otherwise specified, Subscription fees for the Subscription Term shall begin one month after delivery of the Software and shall continue for the term of the Agreement grant unless sooner terminated. 

You agree to licence costs being taken from your EcuTek account per vehicle (by VIN) for the first programming attempt. Once this vehicle (VIN) is licenced by you No further tuning charges will be incurred. 

You agree to having a Privacy policy in place to use the service. This privacy policy complies at a minimum with the relevant data protection legislation in the region from where the End User is situated. If no such regulation is defined at a minimum the tuner will use match EU GDPR standards and regulation.  This includes at least 

• Having a policy that the end user can see and reference 
• Have the facilities and infrastructure for end users to exercise their rights to access, stop processing transfer and remove their personal data 

 

• Only use the personal data supplied by PhoneFlash for PhoneFlash related tuning service delivery tasks and no other. 
• Securely store any personal data to the best of their abilities 
• Gain fair and transparent consent separately to process data if they receive or further process any received personal data 
• Ensure that any party employed by the tuner as part of the service uses a relevant data protection policy. 
• Search for and Report any breach of personal data storage to EcuTek and the End User 

You agree to minimising any personal data stored and transferred by the service using company data wherever possible. 

You agree to not share your account or account details with any party not directly employed by your company. 

Ecu Connect Terms and Conditions of use  

Please read these terms and conditions of use carefully before accessing, using or obtaining an information, services, advice or information. By using the ECU Connect app, ProECU, the EcuTek website or any feature of these platforms you agree to and are bound by the terms of the below document.  Special attention should also be cast on our “Privacy Policy”. 

EcuTek reserve the right to change these terms and conditions at any time for any reason without notification placing the updated terms and conditions on the App stores and website as required. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. 

This agreement (the “Agreement”) is made between EcuTek Technologies (“EcuTek”) and you, the customer (“Licensee”). The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding, which may involve the Agreement. This Agreement supersedes any other written agreements between you and EcuTek and may not be modified except by a writing executed by both parties hereto. 

For the purpose of this agreement the Product is software including but not limited to ECU Connect, ProECU and the ROM storage, subscriptions and transfer infrastructure, its associated support functions and systems including the back end systems accessed using the front end software.  

General Conditions 

Parties involved 

• The “End User” or customer is the party that receives goods and services directly or via EcuTek services from a “Tuner”.  
• The “Tuner” represents all employees of the no innated tuning company (selected by the “End User”) for the purpose of supplying tuning services 
• “EcuTek” includes any and all employees. 

Services and Product definitions 

• The “Service” or “Product” defines any designed, developed or delivered goods including digital goods created or delivered by “EcuTek” software or hardware before during or after being processed by a “Tuner”. hardware and items not related specifically to the calibration are not part of the service. 

 

• “Unsuitable data” is any file, calibration, advice, or specification that “EcuTek” or a “Tuner” has with reasonable requirement deemed unsuitable for use by and “end User”. The intent of this process is to protect end users and tuners from Final determination of reasonable requirement is at the discretion of EcuTek, it can be initially set by a “Tuner” or “End User” but requests can be made from any party and release of “Unsuitable Data” reviewed on a case by case basis by “EcuTek”. 

Who owns the Service or Product 

Once the Service or Product has been delivered (physically or transferred to EcuTek Cloud) it is the property of the end user and access to these “service” and “Product” is fully granted.  Though the End User is the owner of the data items may not be made visible if they are deemed as unsuitable by “EcuTek” or the “Tuner”, if the customer wishes to obtain copies of the unsuitable data it can be requested from Ecutek and if approved can be accessed with no liability or service guarantee offered henceforth.  

Copies of Product and services are not allowed. 

In the event of situations where either the end user, Tuner are dissolved, default or deceased the ownership of data and control is transferred to the respective other party to maintain. 

Who controls the Service and Product 

EcuTek reserves the right to act control access to any and all data created or used by any party. 

Access to data created by the “tuner” can be restricted by the “tuner” when reasonable grounds are given. The tuner should communicate with the “End User” when making this change so that the “End User” is aware that the file will be marked as unsuitable. 

Files deemed as unsuitable for use can be marked as such by the tuner Files can be marked so that they are no longer available for download by the tuner to allow Calibrations that are deemed unsuitable for use in a vehicle cannot be inappropriately downloaded. 

Fee’s and Charges 

EcuTek does not charge the “End User” for any tuning services, Ecu Connect is a free to use app 

EcuTek may charge a service fee where applicable to implement the transfer of data and tuning services etc. 

The Tuner bears the cost of the subscription to implement Phone flashing aspects of ECU Connect.  

EcuTek Product License 

This PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 

This PRODUCT is licensed, not sold. 

Grant Of License 

You may install and use the Product on as many devices as required belonging to you or your employer. Due to the nature of the Product you may only use one EcuTek account login on the device at one time. ProECU and the ProECU related functions for ECU connect can only be used one device at a time due to the nature of the DesKey. 

Limitations Of Use 

You may not reverse engineer, de-compile, or disassemble the PRODUCT nor permit any third party to reverse engineer, decompile, disassemble or otherwise reduce the Software to any other humanly perceivable form, and may not modify, adapt, rent, lease, loan or create derivative works based upon the PRODUCT or any part thereof. 

You may not attempt circumvent the per ECU licensing model or per vehicle subscription model used by the PRODUCT in any way. 

Use of the PRODUCT to develop ECU calibrations is restricted solely to ECUs that will be programmed using the product, according to the PRODUCT licensing model. 

You may not make available any part of the software, hardware or documentation available to a third party without the express written permission of EcuTek. 

Any software updates or data files supplied by EcuTek in relation to this PRODUCT are covered by the terms and conditions specified in this agreement. 

You agree to only permit competent persons (experienced in engine management tuning) to supply tuning products, analysis or tuning advice within the PRODUCT. 

You may not use the PRODUCT for any purposes that may damage the reputation of EcuTek or any of the manufacturers whose vehicles EcuTek support. Perform all tuning in a responsible and ethical manner. 

Any Communications made using the PRODUCT must not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the PRODUCT to you 

Engage in unauthorized framing of or linking to the PRODUCT. 

Trick, defraud, or mislead EcuTek and other users, especially in any attempt to learn sensitive account information such as user passwords; 

Make improper use of our support services or submit false reports of abuse or misconduct. 

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

Interfere with, disrupt, or create an undue burden on the PRODUCT or the networks or services connected to the PRODUCT. 

Attempt to impersonate another user or person or use the username of another user. 

Sell or otherwise transfer your profile. 

Use any information obtained from the PRODUCT in order to harass, abuse, or harm another person. 

Use the PRODUCT as part of any effort to compete with EcuTek or otherwise use the PRODUCT and/or the Content for any revenue-generating endeavor or commercial enterprise. 

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the PRODUCT or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the PRODUCT. 

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the PRODUCT, or using or launching any unauthorized script or other software. 

EcuTek may terminate this license agreement if you fail to comply with any of the terms and conditions of this agreement. In such event, you will be required to destroy all copies of software and return all hardware components of the package to EcuTek. 

The services and information provided by the PRODUCT is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EcuTek to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the PRODUCT from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Copyright 

All title and intellectual property rights in and to the entire PRODUCT hardware, software and documentation are owned by EcuTek. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. 

All rights not expressly granted in this agreement are reserved by EcuTek. 

Copyright Infringements 

We respect the intellectual property rights of others. If you believe that any material available on or through the PRODUCT infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the PRODUCT infringes your copyright, you should consider first contacting an attorney. 

Owner Ship 

You are the Owner of any items Developed by and from the PRODUCT, this includes data Collected (e.g. logs, DTC Reports, Performance runs and Calibrations) once they have been delivered for you. 

EcuTek do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

EcuTek have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

File and User Contribution Retention 

EcuTek will maintain certain data that you transmit using the service or product for the purpose of managing the service or product, as well as data relating to your use of the service or product. Although EcuTek perform regular routine backups of data, The End User and tuner are solely responsible for all data that transmitted or that relates to any activity the end user or tuner have undertaken using the service or product. The end user & tuner agree that we shall have no liability to both parties for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

Backups and storage limits 

EcuTek will to the best of its ability securely and reliably store the “end Users” and “tuners” data for a period of 5 years max. Backups of work will be kept and made accessible on request and give out at EcuTek’s Discretions.   

EcuTek guarantee no more than 20 individual calibrations will be retained on EcuTeks infrastructure per “End User”. 

EcuTek guarantee no more than 20 individual DTC reports 

EcuTek guarantee no more than 40 individual Log files. 

EcuTek may keep more than these specified numbers but if removal is required the oldest files will be removed first. 

File upload is not reversabile so if data is lost it can’t be given back to them in a format they can use 

Deleted files 

Calibrations flagged as unsuitable and for deletion will be removed from EcuTek’s hardware at EcuTek’s earliest convenience. Deleted files are not covered by EcuTek’s backup policy. 

Data Collection. 

 The End User & Tuner hereby expressly agrees that EcuTek may collect and use information (“Data”) about Licensee’s computer hardware, operating system, and Software. The Data collected includes parameters uniquely identifying the computer hardware, crash and usage details, and related information. This Data is gathered for securing intellectual property, troubleshooting, analysing the health of service, and improving the Software and services; the Data is also aggregated and analysed anonymously for marketing purposes. EcuTek will not disclose any Data to any third party. For more information please see the Privacy Policy. 

Limited Warranty 

EcuTek warrants that: 

The PRODUCT will perform substantially in accordance with the accompanying written materials for a period of 12 months from the date of receipt. 

EcuTek will make reasonable efforts to solve any reported problem with the PRODUCT. However, compatibility with future ECUs and technology cannot be guaranteed. 

This warranty is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. 

Customer Remedies 

EcuTek’s entire liability and your exclusive remedy shall be, at the choice of EcuTek: 

Return of the price paid, if any, minus any licenses used. 

Or at EcuTek’s option, repair or replacement of the PRODUCT that does not meet EcuTek’s Limited Warranty. 

No Other Warranties 

To the maximum extent permitted by applicable law, EcuTek disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the PRODUCT, and the provision of or failure to provide support services. 

To the maximum extent permitted by applicable law, in no event shall EcuTek be liable for any special, incidental, indirect, or consequential damages. Whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT or the failure to provide support services, even if EcuTek has been advised of the possibility of such damages. 

In any case, EcuTek’s entire liability under any provision of this license agreement shall be limited to the amount paid by you for the PRODUCT. 

In order to accurately manage the ProECU licensing system and to ensure the best possible compatibility with different PCs and Windows OS versions, ProECU gathers some basic configuration information about the PC on which it is installed and the vehicle ECU that it interrogates and programs. This information remains exclusively within EcuTek, which may use it (but is not limited to using it) for the purposes of product improvement, development and marketing, and to enhance the support it provides to the EcuTek tuner network. 

From time to time, EcuTek will provide updates that enhance and improve the PRODUCT. To use these updates, you must agree to any updates to the license agreement. 

Complaints Procedure 

In order to resolve a complaint regarding the Product or Service or to receive further information regarding use of the Application, please contact us at: 

Head Office	EcuTek Technologies Ltd.  8 Union Buildings  Wallingford Road  Uxbridge, UB8 2FR  England
Phone	(+44) 1895 811200
E-mail	sales@ecutek.com

ProECU terms and conditions (with PhoneFlash functionality Included) (as per ProECU licence window) 

General Conditions 

Parties involved 

• The “End User” or customer is the party that receives goods and services directly or via EcuTek services from a “Tuner”.  
• The “Tuner” represents all employees of the no innated tuning company (selected by the “End User”) for the purpose of supplying tuning services 
• “EcuTek” includes any and all employees. 

Services and Product definitions 

• The “Service” or “Product” defines any designed, developed or delivered goods including digital goods created or delivered by “EcuTek” software or hardware before during or after being processed by a “Tuner”. hardware and items not related specifically to the calibration are not part of the service. 
• “Unsuitable data” is any file, calibration, advice, or specification that “EcuTek” or a “Tuner” has with reasonable requirement deemed unsuitable for use by and “end User”. The intent of this process is to protect end users and tuners from Final determination of reasonable requirement is at the discretion of EcuTek, it can be initially set by a “Tuner” or “End User” but requests can be made from any party and release of “Unsuitable Data” reviewed on a case by case basis by “EcuTek”. 

Who owns the Service or Product 

Once the Service or Product has been delivered (physically or transferred to EcuTek Cloud) it is the property of the end user and access to these “service” and “Product” is fully granted.  Though the End User is the owner of the data items may not be made visible if they are deemed as unsuitable by “EcuTek” or the “Tuner”, if the customer wishes to obtain copies of the unsuitable data it can be requested from Ecutek and if approved can be accessed with no liability or service guarantee offered henceforth.  

Copies of Product and services are not allowed. 

In the event of situations where either the end user, Tuner are dissolved, default or deceased the ownership of data and control is transferred to the respective other party to maintain. 

Who controls the Service and Product 

EcuTek reserves the right to act control access to any and all data created or used by any party. 

Access to data created by the “tuner” can be restricted by the “tuner” when reasonable grounds are given. The tuner should communicate with the “End User” when making this change so that the “End User” is aware that the file will be marked as unsuitable. 

Files deemed as unsuitable for use can be marked as such by the tuner Files can be marked so that they are no longer available for download by the tuner to allow Calibrations that are deemed unsuitable for use in a vehicle cannot be inappropriately downloaded. 

Fee’s and Charges 

EcuTek does not charge the “End User” for any tuning services, Ecu Connect is a free to use app 

EcuTek may charge a service fee where applicable to implement the transfer of data and tuning services etc. 

The Tuner bears the cost of the subscription to implement Phone flashing aspects of ECU Connect.  

Read and scroll to the bottom of the license agreement to close this window 

Dec 13 2016, Version 3   

By opening the enclosed packaging, you are agreeing to the following license agreement. If you do not agree to the terms specified, you must return the PRODUCT in full to your supplier.  

This license agreement is viewable any time from the help menu. 

ECUTEK PRODUCT LICENSE 

# This PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 

# This PRODUCT is licensed, not sold. 

GRANT OF LICENSE 

# You may install and use the software on up to 3 computers belonging to you or your employer. 

# Due to the nature of the PRODUCT’s hardware license key, only one copy can be active at any time. 

Licensee qualifications.  

Any active License is dependent upon the current and satisfactory status of Licensee as a EcuTek Authorized Dealer. Dealer status provisions are outlined in the EcuTek tuner Agreement, EcuTek Terms and Conditions Policy, and EcuTek Minimum Advertised Price Policy, all available upon request 

LIMITATIONS OF USE 

# You may not reverse engineer, de-compile, or disassemble the PRODUCT. 

# You may not attempt circumvent the per ECU licensing model used by the PRODUCT in any way. 

# Use of the PRODUCT to develop ECU calibrations is restricted solely to ECUs that will be programmed using the product, according to the PRODUCT licensing model. 

# You may not make available any part of the software, hardware or documentation available to a third party without the express written permission of EcuTek. 

# Any software updates or data files supplied by EcuTek in relation to this PRODUCT are covered by the terms and conditions specified in this agreement. 

# You agree to only permit competent persons (experienced in engine management tuning) to have access to the PRODUCT. 

# You may not use the PRODUCT for any purposes that may damage the reputation of EcuTek or any of the manufacturers whose vehicles EcuTek support. Perform all tuning in a responsible and ethical manner. 

# EcuTek may terminate this license agreement if you fail to comply with any of the terms and conditions of this agreement. In such event, you will be required to destroy all copies of software and return all hardware components of the package to EcuTek. 

COPYRIGHT 

All title and intellectual property rights in and to the entire PRODUCT hardware, software and documentation are owned by EcuTek. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. 

COPYRIGHT INFRINGEMENTS 

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney. 

All rights not expressly granted in this agreement are reserved by EcuTek. 

LIMITED WARRRANTY 

EcuTek warrants that: 

# The PRODUCT will perform substantially in accordance with the accompanying written materials for a period of 12 months from the date of receipt. 

# EcuTek will make reasonable efforts to solve any reported problem with the PRODUCT. However, compatibility with future ECUs and technology cannot be guaranteed. 

# This warranty is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. 

CUSTOMER REMEDIES 

EcuTek’s entire liability and your exclusive remedy shall be, at the choice of EcuTek: 

# Return of the price paid, if any, minus any licenses used. 

# Or at EcuTek’s option, repair or replacement of the PRODUCT that does not meet EcuTek’s Limited Warranty. 

NO OTHER WARRANTIES 

To the maximum extent permitted by applicable law, EcuTek disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the PRODUCT, and the provision of or failure to provide support services. 

To the maximum extent permitted by applicable law, in no event shall EcuTek be liable for any special, incidental, indirect, or consequential damages. Whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT or the failure to provide support services, even if EcuTek has been advised of the possibility of such damages. 

In any case, EcuTek’s entire liability under any provision of this license agreement shall be limited to the amount paid by you for the PRODUCT. 

In order to accurately manage the ProECU licensing system and to ensure the best possible compatibility with different PCs and Windows OS versions, ProECU gathers some basic configuration information about the PC on which it is installed and the vehicle ECU that it interrogates and programs. This information remains exclusively within EcuTek, which may use it (but is not limited to using it) for the purposes of product improvement, development and marketing, and to enhance the support it provides to the EcuTek tuner network. 

From time to time, EcuTek will provide updates that enhance and improve the PRODUCT. To use these updates, you must agree to any updates to the license agreement. 

— End of License Agreement — 

Website Terms and Conditions  

Terms & Conditions 

ECUTEK TECHNOLOGIES LTD. TERMS & CONDITIONS 
This page provides information about who we are and the legal terms and conditions that may apply to your use of the Ecutek Technologies Ltd. website and any product or service you order from us. 
 
INFORMATION ABOUT ECUTEK TECHNOLOGIES LTD. 
This website is owned and operated by Ecutek Technologies Ltd. Ecutek Technologies Ltd is a company registered in England and Wales (company registration number 9805894) whose registered office is at 22 Wycombe End, Beaconsfield, Bucks, HP9 1NB. Our registered VAT number is GB 235 2616 23. Unless we say otherwise, we use the terms, “Ecutek Technologies Ltd.”, “we” and “us” on this page to refer to Ecutek Technologies Ltd. If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us. 
 
WEBSITE TERMS AND CONDITIONS 
These website terms and conditions (“Website Terms”) apply to your use of the Ecutek Technologies Ltd. website at www.ecutek.com (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website. 
 
Your use of this Website 
You must only use this Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. 
You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent: 

• copy, reproduce, use or otherwise deal with any content on the Website; modify, distribute or re-post any content on the Website for any purpose; 
• reproduce, crawl, frame, link to or deep-link into this Website on or from any other website; 
• use the content of the Website for any commercial exploitation whatsoever. 

Use of this Website from outside the UK 
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Ecutek Technologies Ltd.’s products and services available in the UK. Ecutek Technologies Ltd. may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable 
 
Password/account security 
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Ecutek Technologies Ltd. shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. 
 
Ownership of rights 
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Ecutek Technologies Ltd. 
If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website. 
 
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website. 
 
Accuracy of content 
To the extent permitted by applicable law, Ecutek Technologies Ltd. disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. 
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Ecutek Technologies Ltd 
 
Damage to your computer or other device 
Ecutek Technologies Ltd. uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Ecutek Technologies Ltd. shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website. 
 
Links to other websites 
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Ecutek Technologies Ltd. cannot accept any liability in respect of the use of these websites. 
 
Exclusions of liability 
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably forseeable arising out of or in connection with these Website Terms or your use of the Website. 
 
Except to the extent required by applicable law, Ecutek Technologies Ltd. shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website. 
 
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. 
 
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. 
 
Other legal notices 
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Privacy govern your use of this Website. 
 
Third party rights 
Only you and Ecutek Technologies Ltd. shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 
 
Entire Agreement 
These Website Terms including our Privacy Policy set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. 
 
Law, jurisdiction and language 
Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English. 
 
Changes to these Website Terms 
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms. 
 
Website Terms and Conditions 
Whenever you use this Website to order an EcuTek product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering an Ecutek Technologies Ltd. product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions. 
 
Product and service descriptions 
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that: 
 

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website; 
• all prices are displayed in pounds Sterling exclusive of UK VAT where applicable unless expressly indicated otherwise 
• packaging may vary from that shown on the Website; 
• the weights, dimensions and capacities shown on the Website are approximate only; 
• whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery 
• all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered is not available. 

Acceptance of your order 
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy. 
 
We take payment once your order has been completed and all card payments are subject to authorisation by your card issuer. 
If we cannot supply you with the product or service you ordered, we will not process your order. 
 
Delivery 
Delivery charges and timescales vary depending on the type of products ordered and the delivery address. 
Delivery will be to the UK or international address specified in your order. 
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. 
 
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. 
In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers). 
 
International Delivery 
Payment – Purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. 
 
Ecutek Technologies Ltd. products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. 
 
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure. 
 
Damage during the course of returning products 
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. 
 
Liability 
There are certain liabilities which we cannot exclude by law and nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud. 
 
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill. 
 
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. 
 
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 
 
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. 
 
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. 
 
Other important terms 
We may update or amend these Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. 
 
These Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise. 
 
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions of Sale to any third party unless we agree in writing. 
 
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions of Sale to any third party at our discretion. 
 
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. 
 
If any of these Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions of Sale shall remain in full force and effect. 
 
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 
 
These Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts. 
 
Social networking sites 
These terms also govern any Submissions you make on any Ecutek Technologies Ltd. related third party website or page such as our Facebook page, Twitter, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Ecutek Technologies Ltd.or its employees and Ecutek Technologies Ltd. is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable. 
 
Intellectual Property Rights 
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Ecutek Technologies Ltd. of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Ecutek Technologies Ltd. related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Ecutek Technologies Ltd. pages of third party social networking sites are not the responsibility of, or endorsed by, Ecutek Technologies Ltd.. All rights, including copyright on Ecutek Technologies Ltd. pages are owned by or licensed to Ecutek Technologies Ltd. Any use of any Ecutek Technologies Ltd.social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Ecutek Technologies Ltd. All worldwide rights reserved. 
 
Confidentiality 
Any material you upload to our website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Ecutek Technologies Ltd. related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below. 
 
Am I eligible to post a Submission? 

• You must be 18 years of age or older 
• You must be registered to post a submission 

 
Rules for Submissions 

• Please be polite and only write in English. 
• You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others 

 
Submissions should not include: 

• profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others 
• comments about other reviewers or bloggers 
• remarks that repeat criminal accusations, false, defamatory or misleading statements 
• material which impersonates others 
• spam or advertising 
• third party brand names or trade marks 
• personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers 
• HTML code, computer script or website urls 
• availability, price or alternative ordering or delivery information 

 
Ecutek Technologies Ltd., in its absolute discretion, reserves the right to: 

• not publish the Submission or remove it 
• take any appropriate action if deemed necessary 
• remove reviews which relate to seasonal products which are no longer in season 

Please let us know if you see any Submissions which do not comply with our rules. 
 
Data Protection 
Ecutek Technologies Ltd. is a registered data controller under the Data Protection Act and is committed to treating all information you provide in accordance with its legal obligations. 
The personal information you provide to us, including your contact details and payment card details, will be used by us to: process payment for the above services