Terms of Service and Licence Agreement: E-Sys MAX

In short: E-Sys MAX is a tool for experienced users. Coding a car can damage it, make it unsafe, illegal to drive or void its warranty. You decide every change and you are fully responsible for it. The software is provided "as is", without warranties, and our liability is limited to what you paid. A licence is for one PC. Disputes are governed by California law.

1. Who we are and what this covers

E-Sys MAX (the "Software") is sold and provided by KDR Coding, Los Angeles, California, USA ("we", "us"). These Terms of Service and Licence Agreement (the "Terms") are a binding agreement between you and us. They cover the Software (the launcher and the add-on, including updates, setting names and other data it shows), the website esysmax.com, the Telegram bot @EsysMaxbot and the licence service (together, the "Service").

By downloading, installing, starting a trial, buying, activating or using the Service, or by ticking "I accept" in the Software or on the website, you agree to these Terms, to the Privacy Policy, the Refund Policy and the Vehicle Coding Disclaimer, which are part of these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a binding contract. If you accept these Terms for a business, you confirm that you may bind that business, and "you" includes it.

2. The licence

Grant. Subject to these Terms and to payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to install and use the Software on one computer (the "PC" whose ID the licence names), for the period you bought (1 year, or "lifetime"), for your own use or for coding vehicles in your own business.
"Lifetime" means for as long as we offer and support the Software, including the updates we publish for it. It is not a promise to support every future version of BMW's software or vehicles.
Online check. The licence is checked online when the launcher starts and must be confirmed at least every 7 days; without a confirmation the Software stops working until it can connect again. A licence moved to another PC or cancelled stops on the PC it was used on.
Moving. On request we move a licence to another PC (for example a new laptop). We may refuse moves we consider abusive.
Ownership. The Software is licensed, not sold. We and our licensors keep all rights, title and interest in it. No rights are granted except those written here.

3. The free trial

A free trial lasts 3 days, is for one PC and one vehicle (the first vehicle connected), and is limited to one trial per PC and per person. A trial is provided only to evaluate the Software, "as is", and may be changed or ended at any time. Getting more trials by changing hardware, accounts or data, or getting around the one-vehicle limit, is not allowed.

4. What you must not do

share, sell, rent, lend or publish your licence or the Software, or use one licence on more than one PC at a time;
copy, modify, decompile, disassemble or reverse engineer the Software, or try to get around, disable or interfere with the licence check, the trial limits, the encryption of the names data or any other protection, except where the law expressly allows it despite this limitation;
extract, copy or redistribute the setting names, cheat data or other data the Software shows, or use them to build another product;
use the Service in breach of any law, or to make a vehicle unsafe or not compliant with the rules where it is used;
use the Service on a vehicle without the permission of its owner;
attack, overload or probe the website, the licence service or the bot.

If you break these rules we may cancel your licence without refund, in addition to any other rights we have.

5. Software you need from others

The Software adds to BMW's E-Sys. It does not include E-Sys, PSdZData, an ENET cable or any other BMW software or data, and we do not sell, license or provide them. You are solely responsible for obtaining and using them lawfully and under their own licence terms. E-Sys MAX is not affiliated with, authorised, endorsed or sponsored by BMW AG or any of its companies. BMW, MINI, E-Sys and related names are trademarks of BMW AG, used only to describe what the Software works with. Setting names, explanations and ready-made changes come from different sources, including community contributions, and may be incomplete or wrong.

6. Vehicle coding: your responsibility

Coding changes how a vehicle and its control units behave. You use the Service entirely at your own risk. In particular you agree that:

you are an experienced user and you decide and check every change before it is written to a vehicle;
coding can damage control units and other parts, cause faults, disable or change safety, driver assistance, lighting, emission or other systems, make a vehicle unsafe, unroadworthy or illegal to use on public roads, and affect its warranty, insurance, inspection or resale value;
you will back up the vehicle before changing anything, keep a suitable battery charger connected, and not code a vehicle while it is being driven;
you are solely responsible for making sure every change is legal where the vehicle is registered and used, and for informing the owner of any vehicle you code for someone else;
names, descriptions, ready-made changes, vehicle reports and fault information shown by the Service are aids only and not professional, legal or safety advice.

See the full Vehicle Coding Disclaimer.

7. Buying, prices and payment

Prices are shown in US dollars on the website or in Telegram before you buy, and may change; a change never affects a licence already bought. Taxes may apply.
Card payments are processed by Stripe; we never see your full card details. Payments in Telegram are arranged with us directly.
Your licence is delivered digitally right after payment (or after we approve a Telegram order). By buying, you ask us to deliver it immediately.
If a payment is reversed, disputed or charged back, the licence may be cancelled.

8. Refunds

Refunds are governed by the Refund Policy: in short, a refund within 14 days if the licence was never activated, or if it cannot work because of our fault. Because the full product can be tested free for 3 days first, there is no refund once a licence has been activated, except where the law requires one. Where the law gives you a right to withdraw from a purchase of digital content, you agree that delivery starts immediately and that you lose that right once the licence has been delivered and activated, to the extent the law allows.

9. Updates and changes

We may update, change, add or remove features, setting names and data at any time. Updates are offered in the launcher; some may be required to keep using the Software or the licence service. We may change these Terms; the version and date are shown at the top. If we change them materially, the Software or the website will ask you to accept the new Terms; if you do not accept, you may stop using the Service and, if you bought a licence that is still unused, ask for a refund under the Refund Policy.

10. Your data

The Service processes the data described in the Privacy Policy, for example the licence, a PC ID and short codes made from the PC's hardware for the licence check, and a code made from a vehicle's VIN for the one-vehicle trial. Coding files, backups and reports stay on your PC.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH ANY VEHICLE, CONTROL UNIT, E-SYS OR PSDZDATA VERSION, OR THAT IT WILL NOT DAMAGE ANY VEHICLE, CONTROL UNIT, COMPUTER OR DATA.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA OR GOODWILL, OR FOR ANY DAMAGE TO OR LOSS OF VEHICLES, CONTROL UNITS, PARTS, COMPUTERS OR DATA, OR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM VEHICLE CODING, IN EACH CASE HOWEVER CAUSED AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR US $0 FOR A FREE TRIAL).

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you; in that case they apply to the greatest extent allowed. Nothing in these Terms limits liability that cannot be limited by law.

13. Indemnity

You agree to defend, indemnify and hold harmless KDR Coding and its owners from any claim, damage, loss, cost or expense (including reasonable legal fees) brought by a third party, including the owner of a vehicle you coded, arising from your use of the Service, the vehicles you code, or your breach of these Terms or of any law.

14. Ending the licence

You may stop using the Service at any time. We may suspend or cancel a licence or access if you break these Terms, if a payment is reversed, or if required by law; when we stop offering the Service, we will give reasonable notice where we can. Sections 4 to 6 and 10 to 16 survive the end of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. The courts located in Los Angeles County, California, have exclusive jurisdiction over any dispute arising from these Terms or the Service, and you consent to their jurisdiction, except where the law of your country gives you a non-waivable right to bring a claim in your own courts. Before starting a claim, please contact us so we can try to resolve the matter informally within 30 days. Any claim must be brought within one year after it arises, to the extent the law allows.

16. General

These Terms, with the documents they refer to, are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest stays in force. Not enforcing a right is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a successor of the business. Export and sanctions laws apply to your use of the Service.

17. Contact

KDR Coding, Los Angeles, California, USA. Contact us on Telegram: @EsysMaxbot. See also Contact.