The Company refers to JF DENNIEL, 97400 Saint-Denis REUNION ISLAND

 

These terms and conditions (“Agreement”) govern your use of the mobile application MecaTest developed by the Company.

By using the Application MecaTest, you agree to be bound by these terms and conditions. Please read them carefully before accessing or using the Application MecaTest.

 

 

1. Subscription Details

 

1.1 Subscription Types: The Company offers one week free trial period (non renewable) and two auto-renewing subscription options: monthly and weekly.

The subscriptions, including the free trial period, grant you access to the relative compression test feature. This feature allows you to perform relative compression tests for engines with 3 to 6 cylinders. Please note that this feature is limited to engines within this cylinder range, featuring a DC Starter (12 Volts or 24 Volts) and a regular time between ignitions.

 

1.2 Free Trial Period: During the free trial week, you will have full access to the services detailed section 1.1 without any charges. At the end of the free trial period, your selected subscription will automatically start and the corresponding subscription fee will be charged.

 

1.3 Monthly Subscription: This subscription grants the Subscriber access to the services detailed section 1.1 and provided by the Company for a period of one month. The subscription will automatically renew at the end of each billing cycle unless cancelled by the Subscriber.

 

1.4 Weekly Subscription: This subscription grants the Subscriber access to the services detailed section 1.1 and provided by the Company for a period of one week. The subscription will automatically renew at the end of each billing cycle unless cancelled by the Subscriber.

 

2. Subscription Billing

 

2.1 Pricing: The pricing for both monthly and weekly subscriptions will be clearly stated at the time of subscribing and may be subject to change. The Subscriber will be charged the specified amount on a recurring basis, according to the selected subscription plan.

 

2.2 Payment Method: The Subscriber’s payment will be processed through the chosen payment method linked to their Apple ID or other applicable app store account.

 

2.3 Automatic Renewal: Unless cancelled, subscriptions will automatically renew at the end of each billing cycle. The Subscriber’s designated payment method will be charged for the renewal amount.

 

3. Cancellation and Refunds

 

3.1 Subscriber’s Right to Cancel: The Subscriber has the right to cancel their auto-renewing subscription at any time. Once cancelled, access to the premium features and content will remain available until the end of the current billing cycle.

 

3.2 Cancellation Procedure: To cancel a subscription, the Subscriber must follow the cancellation instructions provided by the applicable app store platform (e.g., the App Store for iOS devices). Detailed cancellation instructions can be found on the Company website or within the respective app store’s account settings.

 

3.3 Refunds: The Company does not provide refunds for any unused portion of a subscription. Cancellation will prevent future charges, but no refunds will be issued for any recurring subscription charges already processed.

 

4 Third-Party Services

 

4.1. The Application MecaTest may enable access to third-party services, websites, or content. These services are not under the control of the Company, and we are not responsible for their availability, accuracy, or quality. Your use of third-party services is subject to their respective terms and conditions.

 

4.2 . The Company does not endorse, warrant, or assume any responsibility for the actions, products, services, or content of any third-party services. Any interactions or transactions between you and third-party services are solely between you and the third party.

 

4.3. You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any third-party services. It is your responsibility to review and understand the terms and conditions and privacy policies of any third-party services you access through the Application MecaTest.

 

4.4. If you have any concerns or issues related to third-party services accessed through the Application MecaTest, please contact the respective third-party service provider for assistance.

 

Please note that the Company is not responsible for any actions, content, or services provided by third-party services, and your use of such services is at your own risk.

 

 

5 Limitation of Responsibility

 

5.1 Application MecaTest Usage: The Application MecaTest is provided “as is,” and the Company shall not be held responsible for any consequences arising from your use of the MecaTest, the Company disclaims all warranties, express or implied, regarding the Application MecaTest’s performance, fitness for a particular purpose, and non-infringement.

 

5.2. Indemnification: You agree to indemnify and hold the Company harmless from any claims, damages, losses, or liabilities arising from your use of the Application MecaTest or any violation of these Terms.

 

6 No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

7 Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

 

 

8 Intellectual Property

 

The Application MecaTest, including its content, features, and design, is protected by intellectual property laws and belongs to the Company. You may not reproduce, modify, distribute, or create derivative works of the Application MecaTest without prior written consent from the Company.

 

9 Privacy Policy

 

By using the Application MecaTest you agree to the collection, storage, and use of your personal information as outlined in our Privacy Policy. Please review the Privacy Policy to understand how we handle your data.

 

10 Governing Law and Dispute Resolution

 

These Terms shall be governed by and construed in accordance with the laws of Reunion Island. Any disputes arising from these Terms or the use of the Application MecaTest shall be subject to the exclusive jurisdiction of the courts in Réunion Island.

 

11 Modifications to Terms

The Company reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the updated Terms in the Application MecaTest. It is your responsibility to review these Terms periodically. Your continued use of the Application MecaTest after changes constitutes acceptance of the modified Terms.

 

 

This EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.