Introduction

The use of xHP Flashtool (later referred to as “the application”) is governed by the policies, terms and conditions of use as set forth under the Terms of Use. Please read them carefully, as your use of the application, including the submittal of any personal information, indicates your acceptance of these Terms. xAutomotive GMBH reserves the right to make changes to the application and these Terms at any time.

Legal Notice

The application's name and intellectual properties are trademarked and owned by xAutomotive GMBH. The use or misuse of this trademark or any other contents distributed through xHP Flashtool, except as provided in these Terms, is strictly prohibited.

Privacy Policy

The Application and all of its contents, including, but not limited to, all text and images, are owned and copyrighted by xAutomotive GMBH with all rights reserved unless otherwise noted. Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of xAutomotive GMBH. We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other application features in the following ways:

• To allow us to better service you in responding to your customer service requests.

• To quickly process your transactions.

• To ask for ratings and reviews of services or products.

• To track our marketing actions through the use of tools provided by Google LLC and Facebook Ireland Ltd.

If you choose to withdraw from this agreement or have questions regarding your stored data, please contact us at support@xautomotive.com.

Disclaimer of Warranties

The information, materials, services and products included in the application may include inaccuracies or typographical errors. xAutomotive GMBH may make changes or improvements to the application at any time. The materials in the application are provided ‘as is' and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, xAutomotive GMBH disclaims all warranties or merchantability and fitness for a particular purpose. xAutomotive GMBH does not warrant that the functions contained in the application will be uninterrupted or error free, that defects will be corrected, or that the application or the server that makes it available are free of viruses or other harmful components. xAutomotive GMBH does not warrant or make any representations regarding the use of, or the result of the use of, the material in the application in terms of their correctness, accuracy, reliability, timeliness, or otherwise.

Limits on Liability

xAutomotive GMBH will not be liable for:

• The contents of any communication, message, or information provided to xAutomotive GMBH by you or other third parties.

• The contents of any website not controlled, owned, or operated by xAutomotive GMBH that is accessed from or linked to by direct or indirect means.

• Any damages or injury caused by, including but not limited to, any harm, failure of performance, error, omission, interruption, defect, or delay in operation of the end-user’s vehicle or (if applicable) the end-user himself. This also applies to all persons traveling with in the end-user’s vehicle and all valuables stored in the vehicle at any time the end-user makes use of the application.

• Any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of, or relating to use of, or inability to use the application, even if xAutomotive GMBH has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.

Indemnification

You agree to indemnify and hold xAutomotive GMBH harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of the application; (b) any alleged breach of these Terms.

Limited License

The application is for your personal and noncommercial use. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, software, products, or services obtained from or available as part of or in conjunction with this system. The application may be used only by you, and you may not rent, lend, sub-license or transfer the application or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the application unless granted by xAutomotive GMBH to do so. You may not transfer to or store any data residing or exchanged over the application in any electronic network for use by more than one user unless you obtain prior written permission from xAutomotive GMBH.

Law

The application is operated by xAutomotive GMBH, Austria. xAutomotive GMBH makes no representation that materials in the application are appropriate or available for use in other locations. If you use the application from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and any dispute that might arise between you and xAutomotive GMBH, its affiliates, subsidiaries, or licensees, with respect to the application shall be governed by Austrian law, without regard to principles of conflict of laws. Use of the application is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph.

Remedies

Given the nature of these Terms, you understand and agree that, in addition to money damages, xAutomotive GMBH will be entitled to equitable relief upon a breach of them by you.

Waiver

No waiver by xAutomotive GMBH shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival of Provisions

Each provision of the Terms shall be construed as separately applying and surviving, even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by the competent court.

Entire Agreement

These Terms shall supersede any subsequent terms or conditions included within the application. We intend that these Terms constitute the entire agreement between xAutomotive GMBH and you. Any changes to these Terms between xAutomotive GMBH and you must be in writing and signed by both parties.

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