Terms of Service & End User License Agreement

1.License

Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to download and use one copy of the App on Apple branded devices that you own or control, solely for your personal use (or, where you purchase a Commercial license through the App, for the commercial use that license permits), in accordance with the Apple App Store Terms of Service and the Usage Rules in Apple's Media Services Terms and Conditions. We reserve all rights not expressly granted.

2.Eligibility

You must be at least 18 years old and able to form a binding contract to use the App. By using the App, you represent that you meet these requirements and that you will use the App only on a vehicle you own or are expressly authorized by the owner to service and modify.

3.Vehicle coding & assumption of risk

The App can perform diagnostic reads, clear fault codes, display live data, and write configuration ("coding") changes to vehicle control units. You understand and agree that:

• Reading, clearing, and especially writing data to a vehicle can cause unexpected behavior, warning lights, feature loss, control unit malfunction, data corruption, the need for professional repair or reprogramming, or, in rare cases, a nonfunctional ("bricked") control unit;
• Vehicle modifications may void or affect your manufacturer or dealer warranty and may affect insurance, resale value, or roadworthiness;
• Diagnostic information is provided for general informational purposes and may be incomplete or inaccurate; it is not a substitute for inspection or service by a qualified technician;
• You should only perform coding with a stable battery/power supply and under appropriate conditions, and you should create and retain backups before making changes;
• You assume all risk arising from your use of the App and any changes you make to a vehicle.

4.Your responsibilities

• You are solely responsible for any changes you choose to make to a vehicle and for confirming they are appropriate for your specific vehicle, model year, and equipment;
• You will use a compatible, properly functioning OBD2 adapter and follow the App's prompts, including confirmation steps before any write;
• You are responsible for maintaining backups and for restoring prior values if a change is not what you intended;
• You will comply with all applicable laws, regulations, manufacturer guidance, and the terms of any third parties (including Apple and your adapter manufacturer).

5.Lawful use & emissions

You agree not to use the App for any unlawful purpose. In particular, you must not use the App to tamper with, defeat, disable, or remove emissions control systems, safety systems, odometers, or other components where doing so is prohibited by law (including the U.S. Clean Air Act and equivalent regulations in your jurisdiction). You are solely responsible for ensuring that any change you make is legal where you operate the vehicle.

6.Restrictions

You agree not to, and not to permit others to:

• copy, modify, distribute, sell, rent, sublicense, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, except to the limited extent applicable law expressly permits despite this restriction;
• circumvent or disable security or technical limitations of the App;
• use the App on a vehicle you do not own or lack authorization to modify, or to provide a commercial service without our written permission;
• use the App in any way that could harm FlatDiag, other users, or any third party.

7.Purchases & refunds

The App is a free download from the Apple App Store. Its paid features are unlocked by one time in app purchases rather than a subscription, and you buy only the ones you want. All purchases are processed by Apple and are subject to Apple's terms. Refunds are handled by Apple in accordance with its policies, and we do not process payments or issue refunds directly. Prices and availability may change.

A personal licence covers up to ten vehicles, identified by VIN and recorded only on your device. A vehicle takes one of those slots the first time you use a paid feature with it. If you need more than ten, a commercial licence removes the limit.

8.Disclaimer of warranties

The App is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, FlatDiag disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and noninfringement. FlatDiag does not warrant that the App will be uninterrupted, error free, secure, compatible with any particular vehicle or adapter, or that any result, reading, or coding change will be accurate, safe, or achieve any intended outcome. Any material downloaded or otherwise obtained through the App is used at your own discretion and risk.

9.Limitation of liability

To the maximum extent permitted by law, in no event will FlatDiag (or its members, officers, or employees) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses, or for any damage to or loss of use of any vehicle, control unit, component, or property, or any cost of repair, reprogramming, towing, substitute transportation, or diminution in value, arising out of or relating to the App or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not FlatDiag has been advised of the possibility of such damages.

To the maximum extent permitted by law, FlatDiag's total aggregate liability for all claims arising out of or relating to the App or these Terms will not exceed the greater of (a) the amount you actually paid for the App in the twelve (12) months before the event giving rise to the claim, or (b) twenty U.S. dollars (US $20).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you; in that case, our liability is limited to the smallest extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law.

10.Indemnification

You agree to defend, indemnify, and hold harmless FlatDiag LLC and its members, officers, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use or misuse of the App, any change you make to a vehicle, your violation of these Terms, or your violation of any law or the rights of any third party.

11.Intellectual property & trademarks

The App, the Site, and all related content, software, and branding (including the FlatDiag name and logo) are owned by FlatDiag LLC and protected by intellectual property laws. "Porsche," "911," "Boxster," "Cayman," "Panamera," "Cayenne," "Macan," "Taycan," and Porsche feature names (such as PASM, PDCC, PDK, PSM, and Sport Chrono), are trademarks of Dr. Ing. h.c. F. Porsche AG, used only to describe compatibility. FlatDiag is an independent product and is not affiliated with, endorsed by, or sponsored by Porsche.

12.Third party hardware & links

FlatDiag requires a third party OBD2 adapter that we do not manufacture or sell. We are not responsible for third party hardware, software, websites, or services, including their performance, availability, or safety. Links in the App or Site (including affiliate links) are provided for convenience and do not imply endorsement. See our Disclaimers & Disclosures.

13.Apple specific terms

If you obtained the App from the Apple App Store, the following also applies:

• These Terms are between you and FlatDiag only, not with Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (to the extent permitted); to the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability, legal/regulatory, or consumer protection claims, or claims that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• To meet those obligations our key server does not answer requests from certain countries and regions. The App needs one call to that server to unlock its built in reference data, so in those places it will report that it is unavailable in your region and the data will not unlock.
• Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you.

14.Termination

These Terms apply until terminated. Your license ends automatically if you breach them. You may end them by deleting the App and ceasing use. Sections that by their nature should survive (including disclaimers, limitation of liability, indemnification, and governing law) survive termination.

15.Governing law & disputes

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict of laws rules, and (where the law of a nation applies) excluding the U.N. Convention on Contracts for the International Sale of Goods. You agree that the state and federal courts located in Colorado will have exclusive jurisdiction and venue for any dispute not otherwise subject to an alternative process, and you consent to personal jurisdiction there. Before filing any claim, you agree to first contact us at nick@flatdiag.com and attempt to resolve the dispute informally for at least 30 days. To the extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class or representative action.

16.Changes

We may update these Terms from time to time. We will revise the "Last updated" date and, for material changes, provide more prominent notice. Your continued use of the App after changes take effect constitutes acceptance.

17.Contact

Questions about these Terms? Email nick@flatdiag.com.