Terms and Conditions of Use for OBDWhiz.com

Introduction: Agreement to Our Terms

Acceptance of Terms

By accessing or using the OBDWhiz.com Progressive Web App (PWA), you signify your agreement to be bound by these Terms and Conditions of Use. This agreement is formed through your explicit action of accessing the service, establishing a contractual relationship. For a contract to be legally binding, there must be an offer, acceptance, and consideration (e.g., you receive the service, and OBDWhiz.com receives data for improvement or potential future monetization). The terms must be clearly presented, conspicuous, and easily accessible on the website, particularly before you engage in transactions or provide personal information. This ensures that you have notice of and an opportunity to consent to the terms.

Description of Service (PWA, OBD2 dongle, no apps/accounts)

OBDWhiz.com provides a browser-based Progressive Web App designed to enable car and motorbike owners to diagnose vehicle fault codes. The service operates by connecting to a low-cost ELM327-compatible Bluetooth OBD2 dongle, offering a direct "plug, pair, and diagnose" experience from your phone. A key characteristic of the service is its minimalist approach: "No apps. No accounts. No expensive scan tools." This description clarifies the scope and nature of the service being provided, which is fundamental for consumer contracts.

Use of the Service

Permitted Use

The OBDWhiz.com service is intended for personal and household use by car and motorbike owners to diagnose vehicle fault codes. Users are granted a limited, non-exclusive, non-transferable license to access and use the PWA for its intended purpose.

Prohibited Conduct

Users are strictly prohibited from engaging in any activities that constitute misuse of the service, including but not limited to:

• Reverse engineering, decompiling, or disassembling any part of the PWA or its underlying technology.
• Attempting unauthorized access to any systems or networks connected to OBDWhiz.com.
• Using the service for any illegal, fraudulent, deceptive, exploitative, or harmful activities.
• Performing or attempting to perform any action that interferes with the normal operation of the service or affects other users' ability to use OBDWhiz.com.
• Using the service for commercial purposes without explicit written consent from OBDWhiz.com.

User Responsibilities

Users are responsible for ensuring they possess the necessary compatible hardware, including an ELM327-compatible Bluetooth OBD2 dongle and a Bluetooth-enabled smartphone or device. Users must also have reliable internet access to utilize the browser-based PWA. OBDWhiz.com is not responsible for any issues arising from incompatible hardware or insufficient internet connectivity.

Monetization and Payments

Google AdSense

In the future, OBDWhiz.com plans to display advertisements from the Google AdSense network. We are committed to transparency regarding how these ads affect your privacy. For detailed information on how Google and its partners use cookies and collect data for advertising, as well as your options for opting out of personalized ads, please review the "Monetization" section of our Privacy Policy.

Given our "no age restrictions" policy, we have configured Google AdSense to serve only non-personalized ads to all users to ensure compliance with child privacy regulations.

Donations via Stripe (Stripe's role, user data handling by Stripe)

OBDWhiz.com will accept donations, which will be securely processed by Stripe. Users making donations acknowledge that their personal and payment information will be collected and processed by Stripe, a third-party payment processor. OBDWhiz.com, as the merchant, is responsible for providing all necessary notices and obtaining consents from users regarding the collection and sharing of their data with Stripe for payment purposes. Stripe's own terms and privacy policy govern its handling of this data, including its use for fraud detection and compliance with financial regulations. By initiating a donation, users agree to Stripe's terms and privacy policy.

Disclaimers

"As-Is" Basis of Service

The OBDWhiz.com service is provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied. This type of disclaimer aims to limit the service provider's liability for defects or deficiencies.

However, the enforceability of a blanket "as-is" disclaimer in consumer contracts is significantly restricted across most global jurisdictions due to robust consumer protection laws. Many legal frameworks, including the Uniform Commercial Code (UCC) in the US, consumer protection laws in Canada (e.g., Sale of Goods Act), Australia (Australian Consumer Law - ACL), New Zealand (Consumer Guarantees Act - CGA, Fair Trading Act - FTA), Singapore (Unfair Contract Terms Act - UCTA, Consumer Protection (Fair Trading) Act - CPFTA), the UK (Consumer Rights Act 2015 - CRA 2015, Unfair Contract Terms Act 1977 - UCTA 1977), and the EU (Unfair Contract Terms Directive - UCTD), imply certain warranties that cannot be excluded in consumer transactions. These implied warranties typically include that goods or services are of acceptable quality, fit for their ordinary purpose, and match their description.

Courts often refuse to uphold "as-is" provisions when a seller has made material misrepresentations or concealed known defects. Furthermore, clauses that create a "significant imbalance" in rights and obligations or are deemed "unreasonable" or "unfair" are often unenforceable in consumer contracts.

Therefore, while the "as-is" disclaimer will be included, it must be carefully worded to acknowledge that it applies only to the maximum extent permitted by law and does not override any mandatory consumer guarantees or statutory rights that cannot be lawfully excluded.

Accuracy of Decoded Results Disclaimer

OBDWhiz.com provides diagnostic information based on vehicle fault codes. The service is provided for informational purposes only, and OBDWhiz.com disclaims all liability for the accuracy, completeness, or reliability of any decoded results or diagnostic information provided through the PWA. This disclaimer is crucial for managing user expectations and mitigating risk.

Disclaimers regarding software or service accuracy, while not always treated as standalone contracts, can be legally binding if they are clearly integrated into the Terms and Conditions and users are given proper notice and an opportunity to accept them. However, similar to "as-is" clauses, their enforceability in consumer contracts is subject to scrutiny under consumer protection laws.

If the service is marketed as a tool to "diagnose vehicle fault codes," consumers may have a reasonable expectation of a certain level of functional accuracy. Laws like Australia's ACL and New Zealand's CGA guarantee that services are provided with due care and skill and that goods (or the digital content/service) are fit for purpose. A disclaimer that completely negates any accuracy could be challenged as an unfair contract term or misleading conduct if the service consistently fails to provide reasonably accurate results, undermining its core advertised function. Disclaimers are also typically voided by fraud or misrepresentation.

Therefore, the accuracy disclaimer must be carefully balanced. It should manage expectations about the limitations of the diagnostic results (e.g., "for informational purposes only," "not a substitute for professional mechanic advice," "results may vary based on vehicle, dongle, and environmental factors") rather than completely disclaiming any accuracy whatsoever. It must explicitly state that this disclaimer does not override any statutory consumer guarantees or rights that cannot be lawfully excluded. It aims to clarify that the service is a tool to assist, not a definitive professional diagnosis.

Limitation of Liability

Scope of Limitation

To the maximum extent permitted by law, OBDWhiz.com's total liability for any claims arising out of or relating to the use of the service, whether in contract, tort (including negligence), or otherwise, will be limited. This limitation aims to cap the financial exposure of OBDWhiz.com for potential damages, including direct, indirect, incidental, consequential, special, or punitive damages (such as loss of profits, data, or business interruption). Limitation of liability clauses are essential risk management tools in commercial contracts.

Exclusions and Exceptions (e.g., fraud, gross negligence, statutory rights)

While limitation of liability clauses are common, their enforceability in consumer contracts is heavily regulated and subject to "reasonableness" or "fairness" tests in most jurisdictions. Certain liabilities generally cannot be excluded or limited:

• Intentional or Gross Fault/Negligence, Fraud, or Misrepresentation: Liability cannot typically be excluded for deliberate wrongdoing, gross negligence, or fraudulent conduct.
• Death or Personal Injury: Clauses attempting to limit liability for death or personal injury resulting from negligence are generally unenforceable.
• Statutory Consumer Guarantees/Rights: Consumer protection laws in many jurisdictions (e.g., ACL in Australia, CGA in New Zealand, CRA 2015 in the UK, UCTD in the EU, and various consumer protection acts in Canada) imply mandatory consumer guarantees and rights that cannot be excluded or limited if doing so would create a "significant imbalance" or be deemed "unreasonable" or "unfair". This includes guarantees regarding the acceptable quality, fitness for purpose, and accurate description of goods and services.

Courts will assess the "reasonableness" or "fairness" of a limitation clause by considering factors such as the parties' relative bargaining power, the clarity of the language used, and the information available at the time the contract was made. Clauses must be drafted with precision, clarity, and unambiguous language to enhance their enforceability.

Therefore, the limitation of liability clause for OBDWhiz.com must explicitly state that it applies only to the maximum extent permitted by law and does not limit liability for non-excludable matters such as gross negligence, fraud, or statutory consumer rights and guarantees. It should also specify a reasonable liability cap for other types of damages.

Intellectual Property Rights

All content, software, design, text, graphics, and other materials on OBDWhiz.com are the exclusive property of OBDWhiz.com or its licensors and are protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to access and use the service for its intended purpose, but no ownership rights are transferred. Any unauthorized use, reproduction, distribution, or modification of the service's intellectual property is strictly prohibited.

Third-Party Links and Services

The OBDWhiz.com PWA may contain links to third-party websites or services that are not owned or controlled by OBDWhiz.com. These links are provided for convenience or as part of integrated functionalities (e.g., Stripe for donations, Google for analytics/ads). OBDWhiz.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users acknowledge and agree that OBDWhiz.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. Users are encouraged to read the terms and conditions and privacy policies of any third-party websites or services they visit.

Termination of Use

OBDWhiz.com reserves the right to terminate or suspend a user's access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if a user breaches these Terms. Upon termination, the user's right to use the service will immediately cease. Users may also cease using the service at any time by simply discontinuing access to the PWA.

Governing Law and Dispute Resolution

Jurisdictional Considerations

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. While OBDWhiz.com designates California law as the governing law, it is important for users to understand that consumer protection laws in many of the global markets served may still apply to them, regardless of this choice-of-law clause.

Many jurisdictions, particularly in the EU, UK, Canada, Australia, New Zealand, and Singapore, have strong consumer protection laws that are designed to protect local consumers and often allow them to pursue claims under their local laws, even if a contract specifies a different governing law. For example, the EU's Unfair Contract Terms Directive ensures that unfair terms are not binding on consumers, and consumers may be able to challenge contract terms in their national courts. Similarly, Canadian provincial consumer protection laws apply to transactions with their residents. Australian and New Zealand consumer laws apply to businesses selling to their residents, even if the business is located overseas.

This means that while the terms are drafted under California law, OBDWhiz.com acknowledges that mandatory consumer protection provisions in a user's home jurisdiction may still provide additional rights or protections.

Arbitration/Mediation (if applicable)

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved through binding arbitration administered by a recognized arbitration body in California, in accordance with its rules. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

The enforceability of arbitration clauses in consumer contracts varies significantly by jurisdiction and can be limited by consumer protection laws. For example, some jurisdictions may deem mandatory arbitration clauses in consumer contracts to be unfair or unenforceable if they restrict a consumer's ability to seek redress through traditional court systems or if they create an undue burden. This clause is included to the maximum extent permitted by applicable law.

Changes to These Terms

OBDWhiz.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, OBDWhiz.com will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at OBDWhiz.com's sole discretion. By continuing to access or use the service after those revisions become effective, users agree to be bound by the revised terms. If users do not agree to the new terms, they should stop using the service.

Contact Information

For any inquiries or concerns regarding these Terms and Conditions of Use, please contact OBDWhiz.com at:

Email: ask@obdwhiz.com

← Back to Home