SELANA CONNECT
END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (“Agreement”) is a legal agreement between you (“you”, “user”) and Go Tulip B.V. (“SELANA”, “we”, “us”, “our”) governing your use of the SELANA Connect mobile application and related services (collectively, the “App”).
By downloading, installing, accessing or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, access or use the App.
1. Scope of License
1.1 The App is licensed, not sold, to you. Subject to your continuous compliance with this Agreement and the Apple Media Services Terms and Conditions, SELANA grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to download and use the App solely on Apple‑branded products that you own or control and as permitted by the App Store rules.
1.2 This license is for personal and/or fleet use in connection with SELANA vehicles only and does not allow you to use the App on any device that you do not own or control, or with third‑party vehicles or products not explicitly supported by SELANA.
2. Subscription and Payment
2.1 Access to certain features of the App (including, but not limited to, unlocking, tracking and customising your SELANA Alpha) requires an active SELANA Connect subscription. The current subscription term (e.g. one year) and price are shown in the App Store and/or within the App at the point of purchase.
2.2 Subscriptions are billed through your Apple ID account and are subject to Apple’s in‑app purchase and subscription terms, including renewal, cancellation and refund policies. You can manage or cancel your subscription via your Apple ID account settings.
2.3 Unless otherwise stated, subscriptions automatically renew for the same period and price until cancelled at least 24 hours before the end of the current period. We do not provide partial or pro‑rated refunds for unused time, except where required by applicable law or Apple’s policies.
3. Use with SELANA Vehicles
3.1 The App is designed to work only with compatible SELANA vehicles (such as SELANA Alpha) and approved accessories. Certain functions may require that your vehicle is connected, powered, has mobile or Bluetooth connectivity and is within network coverage.
3.2 You are responsible for ensuring that your vehicle is road‑legal, properly insured and maintained, and that you comply with all traffic, safety and other applicable laws when using your vehicle, with or without the App.
3.3 Features such as tracking, anti‑theft alerts or remote functions are provided on a reasonable‑efforts basis and are not a guarantee of theft prevention, recovery, or uninterrupted availability.
4. Account and Permitted Use
4.1 You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use.
4.2 You may not: (a) copy, modify, adapt, translate, reverse engineer, decompile or disassemble the App, except as permitted by law; (b) circumvent any technical protections; (c) use the App for any illegal purpose or in a manner that may harm SELANA, its users or third parties; (d) rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App or any rights to it.
5. Data, Privacy and Location
5.1 When you use the App with your SELANA vehicle, we may collect and process certain information, including but not limited to: vehicle identifiers, status, diagnostics, usage data, configuration, and location data (for tracking, theft alerts, routing and related features).
5.2 Our collection and use of personal data is described in our Privacy Policy, which forms part of this Agreement. Please review it carefully before using the App.
5.3 Some features rely on continuous or periodic access to location services, Bluetooth, mobile data and other connectivity. Disabling or restricting these services may limit or disable certain App functionalities.
6. Maintenance, Support and Changes
6.1 SELANA is solely responsible for providing any maintenance and support for the App as required under applicable law or as expressly stated in this Agreement. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
6.2 We may update, modify, suspend or discontinue the App (or any part of it) at any time, including by pushing updates or requiring you to install new versions, provided that such changes do not materially deprive you of the paid‑for core functionality during your active subscription period, except where necessary for security, legal or technical reasons.
7. Warranty Disclaimer
7.1 To the maximum extent permitted by applicable law, the App and related services are provided “as is” and “as available”, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability or non‑infringement.
7.2 SELANA does not warrant that the App will be uninterrupted, secure, error‑free or that defects will be corrected, or that the App will prevent theft or loss of your vehicle. You use the App at your own risk.
8. Limitation of Liability
8.1 To the maximum extent permitted by applicable law, SELANA and its affiliates, officers, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, goodwill, or vehicle damage or loss arising out of or in connection with your use of or inability to use the App, even if advised of the possibility of such damages.
8.2 To the extent not prohibited by law, SELANA’s total aggregate liability arising out of or relating to the App or this Agreement shall be limited to the amount you have paid for your current subscription period, or, if greater, the minimum amount required by applicable law.
8.3 Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.
9. Product Claims and Third Parties
9.1 As between Apple and SELANA, SELANA is solely responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
9.2 In the event of any third‑party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, SELANA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
10. Apple as Third‑Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third‑party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third‑party beneficiary hereof.
11. Termination
11.1 This Agreement is effective until terminated by you or SELANA. Your rights under this Agreement will terminate automatically if you fail to comply with any term of this Agreement.
11.2 Upon termination, you must cease all use of the App and delete all copies from your devices. Termination will not affect any rights or obligations which, by their nature, should survive, including sections relating to limitation of liability, warranty disclaimer and data use.
12. Governing Law and Jurisdiction
12.1 Unless otherwise required by mandatory local law, this Agreement is governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles.
12.2 You agree that the courts of the Netherlands shall have non‑exclusive jurisdiction over any dispute arising out of or in connection with this Agreement or your use of the App, without prejudice to any mandatory rights you may have to bring claims in your country of residence.
13. Miscellaneous
13.1 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
13.2 We may update this Agreement from time to time. If we make material changes, we will provide notice within the App and/or via the App Store listing. Your continued use of the App after such changes take effect constitutes your acceptance of the updated Agreement.
13.3 This Agreement, together with our Privacy Policy and any additional terms presented within the App, constitutes the entire agreement between you and SELANA regarding the App and supersedes all prior understandings relating to its subject matter.
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