Alientech
Alientech

Powergate - Terms of Use

Alientech S.r.l. provides a kit consisting of a mobile application software (“Powergate App”) and a hardware tool (“Powergate Tool”) intended only for the tuning of vehicles for limited competition purposes, uses in racing circuits not open to public or off-road environments.

BY USING ALIENTECH SRL POWERGATE APP AND POWERGATE TOOL, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL THE POWERGATE APP. AFTER YOU HAVE DOWNLOADED AND INSTALLED THE POWERGATE APP, YOU WILL BE REQUIRED TO EXPRESSLY ACCEPT THIS AGREEMENT TO USE THE POWERGATE APP AND THE POWERGATE TOOL.

1. Acknowledgement

1.1 This User Agreement (“Agreement”), which serves both as End-User License Agreement and Terms of Service, is a binding legal agreement between You (“You” or “Your”) and Alientech S.r.l. (“Alientech srl”), with registered office at Via dei Cordari 1, 13039 Trino (VC), Italy. This Agreement governs Your access and use of the Powergate App and Powergate Tool, including all related updates, upgrades and features (collectively, “Powergate Services”), offered by Alientech srl.

1.2 Your use of the Powergate Services is conditioned upon Your compliance with, and acceptance of, this Agreement, the Privacy Notice, and any other policies applicable to You. You acknowledge and agree that by checking the “I Agree” box: (a) You have read and understood this Agreement; (b) represent that You are of legal age to enter into a binding agreement; and (c) accept this Agreement and agree to be bound by all its terms and conditions.

1.3 An ALIEN_id account, an Internet connection, Bluetooth, and location settings active and with permissions enabled on Your mobile device are also required to use the Powergate Services.

1.4 All fees incurred in using the Powergate Services shall be borne by You. In particular, please note that data charges may apply to Your use of the Powergate Services. You acknowledge that You are responsible for all data charges incurred in relation to the use of the Powergate Services. Alientech srl does not provide Internet connection and You are responsible for all fees and costs associated with Your Internet connection and fees charged by any location providing such Internet access.

1.5 You will not be permitted to use the Powergate Services unless and until You accept this Agreement. If You do not agree to all of the terms or be bound by the provisions of this Agreement, do not check the “I Agree” box and immediately delete the Powergate App from Your mobile device.

2. Account and Privacy

2.1 You need an ALIEN_id account to use the Powergate Services. To create an ALIEN_id account and use the Powergate Services, You must be of legal age, provide a valid e-mail address and select a password.

2.2 When You create an ALIEN_id account, You represent and warrant Your registration data will be true, current, complete and accurate and that You are at least 18 years of age. In particular, to ensure the security of the account, You agree:

  1. Not to provide false information.
  2. Not to provide information about third parties.
  3. Not to create fake or duplicate accounts.
  4. To promptly update Your personal information in case of any changes.

2.3 You are responsible for maintaining the confidentiality and security of Your account and login credentials. You are also responsible for all activities that occur through Your account, and You agree to notify Alientech srl immediately of any unauthorized use of Your ALIEN_id account. Alientech srl is not responsible for any losses or damages resulting from the unauthorized use of Your account.

2.4 You agree not to share Your account with third parties or allow third parties to use the Powergate Services through Your account.

2.5 You agree to notify Alientech srl immediately if You are aware or reasonably suspect of any unauthorized use of Your ALIEN_id account or login credentials.

2.6 Alientech srl reserves the right to suspend or terminate Your account in case of violation of this Agreement or if the Powergate Services are discontinued. You understand that if Your account is suspended or terminated, You can no longer use the Powergate Tool.

2.7 You may delete Your ALIEN_id account by following the procedure detailed in the Powergate App. You acknowledge and agree that, if You close Your ALIEN_id account, You will no longer be able to use Your Powergate Tool, unless You create new ALIEN_id account.

2.8 You acknowledge that when You download, install, or use the Powergate App, Alientech srl collects information about You, Your mobile device, and Your use of the Powergate Services. All information we collect through or in connection with the Powergate Services is subject to our Privacy Notice https://www.alientech-tools.com/powergate-privacy-policy/.

3. License

3.1 You acknowledge and agree that the Powergate App is provided under license, and not sold, to You. Strictly in accordance with this Agreement, Alientech srl grants You a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install and use the Powergate App for Your personal, non-commercial use in connection with the Powergate Tool on the mobile device that You own or control and as permitted by the terms and conditions of the store from which You are downloading this Powergate App.

3.2 Alientech srl is entitled to immediately terminate this license, without any liability to You or any third party, in the event of Your any violation of this Agreement.

3.3 The terms of this Agreement will govern any content, material, or services accessible form or purchased within the Powergate App as well as any update or upgrade provided by Alientech srl.

4. Usage Restrictions

4.1 You agree to use the Powergate Services in accordance with this Agreement and applicable laws and regulations. In connection with Your use of the Powergate Services, You agree that You will not:

  1. use any software, device, automated process, or any similar or equivalent manual process to scrape, copy, or perform measurement, analysis, or monitoring of the Powergate
  2. copy, reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Powergate Services or any part thereof.
  3. modify, translate, adapt, arrange, or otherwise create derivative works or improvements of the Powergate
  4. remove or alter any copyright, trademark, patent notice or other proprietary notices, designations, or marks from the Powergate
  5. rent, lease, loan, lend, sell, charge fees for access or otherwise commercialize, sublicense, assign, distribute, publish, transfer, reproduce, disclose, or otherwise make available the Powergate App, or any portion, feature or functionality thereof, to any third party for any reason, in any form, including by making the Powergate App available over a network where it could be accessed by more than one device at any time or used by multiple devices at the same time;
  6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Powergate Services.

4.2 You also acknowledge that using the Powergate App on two mobile devices at the same time to manage a single Powergate Tool may cause Powergate Tool malfunction that may lead to vehicle failures and agree that Alientech srl will not be liable for any damages arising from the improper use of the Powergate Services.

4.3 The Powergate App is licensed as a single product. You may not separate the Powergate App into component parts for sublicense, distribution, transfer to a third party or use on more than one mobile device.

4.4 You must comply with applicable third-party terms of agreement when using the Powergate Services (e.g., Your wireless data service agreement). The party providing Your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to the Powergate App.

4.5 No authorization for the analysis or modification of the Powergate App, or the analysis or modification of the Powergate Tool or its circuit configurations, is provided. Disassembling the Powergate Tool will void the warranty and may be dangerous.

5. Intellectual Property

5.1 Alientech srl owns and administers all the rights to the images and other copyrighted material in the Powergate Services, User’s Guide, Operating Manuals, and other documentation that may be available to You. Use of the images and other copyrighted material (including copying, reproducing, modifying, uploading on a network, displaying, transmitting, distributing, licensing, selling, and publishing) is prohibited without Alientech srl’s prior written authorization.

5.2 You are expressly forbidden to translate the Powergate App, User’s Guide and Operating Manuals except with Alientech srl prior written authorization.

5.3 Alientech srl reserves and retain all rights, titles, and interests in and to the Powergate Services which are not expressly granted to You in this Agreement. The Powergate Services are protected by copyright and other intellectual property laws and treaties. You do not acquire any title or ownership interest in the Powergate Services under this Agreement, or any other rights thereto other than to use the Powergate Services in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement.

5.4 You are also forbidden to use or offer the Powergate App through mirrors or host services or allow third parties to access the Powergate App remotely.

6. Rules of Conduct

6.1 Alientech srl utilizes technical protection measures to prevent piracy and unauthorized or fraudulent use of the Powergate Services, for Alientech srl protection, its customers or third parties.

6.2 You acknowledge and agree that Alientech Srl may monitor any activities carried out by You through the Powergate Services in order to ensure the quality of, and improve, its products and services, and ensure Your compliance with this Agreement.

6.3 If fraudulent actions are suspected or detected, You agree that Alientech srl may, at its sole discretion and without prior notice, take the following actions for its own protection, that of its customers or third parties, and You agree to waive any right to claim compensation or indemnity or right to a refund:

  • Suspension of Your account and use of the Powergate Services provided.
  • Report to the appropriate authorities.

6.4 In the event that the fraudulent action can be attributed to the use of counterfeit hardware and / or software, Alientech srl will restore the use of the Powergate Services after receiving proof of the cancellation of the software and regularization of Your position, without prejudice to Alientech srl’s right to claim compensation for any further damages incurred.

6.5 You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties.

7. User Responsibilities

7.1 You agree (1) to be responsible for use of the purchased Powergate Tool, as well as its accessories, and (2) that the Powergate Tool is suitable for use only in limited operating environments.

7.2 By accepting what is stated in this Agreement, You agree that any operation made with the Powergate Tool is carried out solely for competitions purposes, uses in racing circuits not open to the public, or off-road environments.

7.3 THE POWERGATE TOOL ALLOWS ACCESS TO THE MANAGEMENT PARAMETERS OF ENGINE AND/OR AUTOMATIC TRANSMISSION: MODIFYING MANAGEMENT PARAMETERS MAY RENDER THE VEHICLE OUT OF COMPLIANCE WITH THE REQUIREMENTS AND STANDARDS OF THE COUNTRY WHERE THE VEHICLE IS USED WITH RESPECT TO POWER, SPEED, AND EMISSIONS. IT MAY ALSO LEAD TO A DIFFERENT OR GREATER WEAR AND TEAR OF MECHANICAL, ELECTRICAL, AND ELECTRONIC COMPONENTS OF THE VEHICLE AND COULD VOID THE WARRANTY PROVIDED BY THE MANUFACTURER/SELLER OF THE VEHICLE.

7.4 Alientech srl, its subsidiaries and affiliates make no warranties of any kind about any extra wear or deterioration of the engine or other electrical, electronic, or mechanical parts of the vehicle or as to the compliance with standards and regulations required by the country where the vehicle is used.

7.5 The Powergate Services must be used only after a thorough reading of the User’s Guide and the Operating Manuals, and only in compliance with guidelines and suggestions.

7.6 THE POWERGATE TOOL MAY ENABLE MODIFYING THE FUNCTIONING OF THE VEHICLE; THEREFORE, THE VEHICLE MAY HAVE DIFFERENT REACTIONS WHEN COMPARED TO STANDARD CONDITIONS SPECIFIED BY THE MANUFACTURER. THE GREATEST ATTENTION MUST BE PAID WHEN DRIVING A VEHICLE WHICH HAS ITS ENGINE OR AUTOMATIC TRANSMISSION PARAMETERS MODIFIED. YOU AGREE TO OPERATE VEHICLES TUNED USING THE POWERGATE SERVICES AT YOUR OWN RISK.

7.7 Under no circumstances should the Powergate Tool be used to break or circumvent the laws and/or regulations of the country of use of the vehicle. You are solely responsible for knowing and complying with such applicable laws and regulations. Failure to comply with this provision will result in the immediate violation and termination of this Agreement.

7.8 The use of the Powergate Services must always take place in safe conditions, i.e. with vehicle parked stationary and engine turned off. However, if an engine start is required, the parking brake must be properly engaged, and the gear stick must be in the neutral position-or N (for automatic transmission). If the vehicle is not equipped with a parking brake, make sure the vehicle cannot move and cause damage to people or things.

8. Risks Connected to Data Reading or Reprogramming

8.1 When reading or programming data using an ECU programming tool, if the communication between the tool and the control unit were to be interrupted, serious problems may occur, which may lead to the complete failure of the control unit, with consequent need for its replacement.

8.2 Therefore, during these operations using Powergate Tool:

  • DO NOT disconnect the cable necessary for the communication between the Powergate Tool and vehicle.
  • DO NOT use the Powergate Tool in a location exposed to static electricity or strong electrical interference.

8.3 If, for any reason, damage to the control unit or data loss or corruption (even partial) occurs and it is not possible to make a recovery, You agree that Alientech srl, its subsidiaries and affiliates are not liable for any damages, costs or expenses arising from this damage, loss or corruption.

9. Powergate Manager Contents and Services

9.1 The use of the Powergate Tool requires the receiving of files from the third party known as “Powergate Manager,” usually the entity from which You purchased the Powergate Tool. A Powergate Manager also provides technical support over the use and functioning of the Powergate Services. Files, technical support, and any other services provided to You by a Powergate Manager will be hereinafter referred to as “Content.” By using the Powergate Tool, You acknowledge and accept the following:

  1. Independent Entity: Alientech srl is not affiliated with Powergate Managers in any way. A Powergate Manager is an independent third party, and Alientech srl has no control over their actions, policies, or Content.
  2. Content Source: The Powergate Tool may receive Content, data, or information directly or indirectly from the Powergate Manager to which it is linked. Alientech srl does not have any direct involvement in the creation or distribution of these Content, data, or information. Alientech srl does not examine, validate, or verify the content, accuracy, legality, or quality of such Content and shall not be liable for any such external services provided by the Powergate Manager.
  3. Technical Support: For technical assistance related to the Powergate Tool, You must refer to Your Powergate Manager directly. Alientech srl does not provide direct technical support for the Powergate Tool. Any requests for technical assistance made to Alientech srl in connection with Your Powergate Tool will not be considered or accepted.
  4. No Responsibility: Alientech srl is not responsible for the Content provided by a Powergate Manager, any issues arising from Your use of their Content, or any interaction between You and Your Powergate Manager. Alientech srl will not be liable for any disputes, claims, losses, injuries, or damages of any kind that may arise from or be related to the Content provided by Your Powergate Manager. Any concerns, disputes, or liabilities related to the Content, or Your use thereof, must be addressed directly to Your Powergate Manager.
  5. No Control: Alientech srl does not have control over Powergate Manager’s actions, policies, or services. Alientech srl is not responsible for any interruptions, discontinuations, or changes in or to the Content provided by Your Powergate Manager, which may affect the functioning of the Powergate Tool.
  6. User Discretion: Alientech srl does not control logos and/or images submitted by Your Powergate Manager to customize Your Powergate App. You understand that by using the Powergate App You may be exposed to content that You may find offensive, indecent, or objectionable, and You agree that under no circumstances will Alientech srl be liable in any way for any content customized by Your Powergate Master and to use the Powergate App at Your own risk.
  7. Indemnification: You agree to indemnify and hold Alientech srl harmless from any claims, damages, or losses resulting from Your use of the Content received from Your Powergate Manager.
  8. No Warranty: Alientech srl makes no warranties, express or implied, regarding the availability, accuracy, or reliability of the Content from Your Powergate Manager.

9.2 The delivery of Content and any other external service from Your Powergate Manager may be subject to terms and conditions set forth by the Powergate Manager. Alientech srl recommends that You review the terms and conditions and privacy policies of Your Powergate Manager for a better understanding of their services and content.

9.3 IN NO EVENT ALIENTECH SRL WILL BE LIABLE FOR THE CONTENT PROVIDED TO YOU BY YOUR POWERGATE MANAGER THOUGH THE POWERGATE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE POWERGATE SERVICES INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS INCURRED IN YOUR DEALINGS WITH YOUR POWERGATE MANAGER. ALIENTECH SRL DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT OR ANY OTHER SERVICES PROVIDED BY YOUR POWERGATE MANAGER.

10. File retention and cloud file storage

10.1 The files uploaded by Your Powergate Manager, as provided in the previous article 9, will be securely stored and readily accessible from the Powergate App as long as the Powergate Services are supported by Alientech srl.

10.2 The files will be accessible as long as Your account or the Powergate Services remain active. In the event of account termination or suspension, You may lose access to the stored files. It is crucial to maintain Your account active and adhere to this Agreement to ensure uninterrupted access. 

10.3 Alientech srl takes data security seriously and implements robust measures to safeguard the files. However, it is essential to understand that no online storage system is entirely immune to security risks. It is Your responsibility to take necessary precautions, such as using a strong password, to further protect Your files.

11. Updates, Maintenance and Support

11.1 Alientech srl reserves the right, at any time, to modify, suspend, terminate or discontinue, temporarily or permanently, the Powergate Services or any feature or functionality thereof, with or without prior notice and without liability to You.

11.2 Alientech srl may develop and provide changes, upgrades, bug fixes, patches and other error corrections, new features, enhancements or improvements to the Powergate Services, any feature and/or functionality thereof (collectively, “Updates”) at any time. Updates may also modify or delete in their entirety certain features and functionalities of the Powergate Services. You agree that Alientech srl has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities.

11.3 Based on Your mobile device settings, when Your mobile device is connected to the Internet either: (a) the Powergate App will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates.

11.4 You shall promptly download and install all Updates of the Powergate App and acknowledge and agree that the Powergate Services or portions thereof may not properly operate should You fail to do so.

11.5 You further agree that all Updates or any other modifications will be deemed part of the Powergate Services and be subject to all terms and conditions of this Agreement.

11.6 Alientech srl may provide maintenance and support for the operativity of the Powergate App but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without prior notice. You acknowledge that the store from which You downloaded this Powergate App has no obligation whatsoever to furnish any maintenance or support services in connection with the Powergate App.

12. Service Availability

12.1 The Powergate Services have resources and functionalities (“Online Resources”), including but not limited to security information exchange, interaction with Powergate Managers, and downloading files, that require constant data transmission to and from Alientech srl servers, which means that an Internet connection is required to use the Powergate Services. The Internet connection costs, necessary for the use of the Powergate Services are at Your expense.

12.2 Malfunctions of Your Internet connection may affect the proper functioning of the Powergate Tool and may not be attributable to Alientech srl.

12.3 On some occasions, the Online Resources may be unavailable due to technical problems or because under maintenance, or for reasons beyond Alientech srl control. Alientech srl makes no warranties about the quality, functionality, availability, or performance of the Online Resources.

12.4 In particular, Alientech srl will not be liable if the access to the Online Resources may be unavailable or interrupted due to the Internet service provider or in case of unforeseen circumstances, force majeure or causes beyond Alientech srl control, such as, but not limited to, strikes, riots, earthquakes, natural disasters, acts of terrorism, civil commotion, organized sabotage, chemical and / or bacteriological events, pandemics, war, floods, power failures, interruption of the Internet or third party Internet connections or infrastructure, measures required by the competent authorities on the subject or inadequate or non-compatibility of Your mobile device or Your vehicle.

12.5 Alientech srl reserves the right to do any of the following, at any time and without notice:

  • Modify, suspend, or terminate operation of or access to the Online Resources, or any portion thereof, for any reason, without prior notice.
  • Interrupt the operation of the Online Resources or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  • Limit the availability of the Online Resources, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction, at any time and in Alientech srl sole discretion.

13. Disclaimer of Warranties

13.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE POWERGATE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, INSTALLING, UNINSTALLING, OR OTHERWISE USING THE POWERGATE APP. THE POWERGATE APP IS PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND.

13.2 ALIENTECH SRL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY OR THE UNINTERRUPTED OPERATION OF THE POWERGATE TOOL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE POWERGATE TOOL IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR VEHICLE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE POWERGATE TOOL. THE POWERGATE TOOL IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.

13.3 ALIENTECH SRL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE POWERGATE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY, SATISFACTORY QUALITY OR QUIET ENJOYMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

13.4 WITHOUT LIMITATION TO THE FOREGOING, ALIENTECH SRL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE POWERGATE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE FREE OF VIRUSES, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

13.5 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE POWERGATE TOOL. WITHOUT LIMITING THE FORGOING DISCLAIMER, THE POWERGATE TOOL IS NOT SPECIFICALLY DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS REQUIRING ADHERENCE TO SPECIFIC LAWS OR REGULATIONS PERTAINING TO THE OPERATION OF VEHICLES.  You are solely responsible for knowing and complying with such applicable laws and regulations.

13.6 THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS IN YOUR JURISDICTION.

13.7 The Powergate App is only available for supported mobile devices and might not work on every device. Determining whether Your mobile device is a supported or compatible device for use of the
Powergate App is solely Your responsibility, and downloading the Powergate App is done at Your own risk. Alientech srl does not represent or warrant that the Powergate App and Your mobile device are compatible or that the Powergate App will work on Your mobile device.

13.8 Info for iOS Users. In the event of Alientech srl’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Powergate App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE POWERGATE APP AND ANY OTHER CLAIMS, LOSSES. LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

13.9 Info for Android Users. GOOGLE EXPRESSLY DISMISS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

14.1 Alientech srl specifically disclaims all liability for any consequence resulting from Your use of the Powergate Services. You may use the Powergate Services at Your own risk and discretion, and You are solely responsible for any damage to Your vehicle, mobile device, or third parties, or loss of data arising from the use of the Powergate Services.

14.2 All electronic modifications are inherently dangerous. The suggestions provided by Alientech srl in the User’s Guide and the Operating Manuals are aimed at avoiding any kind of damage and must be strictly followed. It is not possible, however, to eliminate the risk that, during the operations, the control unit of the vehicle may be damaged. By using the Powergate Services, You expressly accept the aforementioned risk and release Alientech srl of all liability.

14.3 Alientech srl shall not be liable for damages to the Powergate Tool or Your vehicle, nor third parties, whether due to Powergate Services malfunction, hardware incompatibility or any other anomaly that may occur, including, but not limited to use of a wrong accessory, incorrect use of an accessory, use of non-original Alientech accessories, or failure to comply with the instructions in the User’s Guide or the Operating Manuals.

14.4 In particular, Alientech srl cannot be held liable for damage caused to the vehicle deriving from the content of the file written in the control unit.

14.5 Some control unit may not fully correspond to the model researched by Alientech srl, supported by the Powergate Tool. Under no circumstances Alientech srl can be responsible to You for any damage, injury, loss or claim or cost of any kind and for whatever reason, arising from such lack of correspondence.

14.6 The Powergate Tool is only available for supported vehicles and might not work on every vehicle. Determining whether Your vehicle is a supported or compatible vehicle for use of the
Powergate Tool is solely Your responsibility. Alientech srl does not represent or warrant that the Powergate Tool and Your vehicle are compatible or that the Powergate Tool will work on Your vehicle.

14.7 You acknowledge and agree, and hereby release Alientech srl from all liability, that in case the vehicle’s control unit is not the original factory-installed unit, or has been cloned, or has undergone a previous modification operation to disable or bypass some anti-pollution or emissions control systems, writing any kind of file may cause a control unit malfunction. This can result in irreversible damages to the control unit, causing the vehicle to become inoperable without any possibility of recovery, i.e. the vehicle may not be started or operated after such a writing.

14.8 Furthermore, You acknowledge and agree that software or hardware variations of the control unit may compromise the proper working of the Powergate Tool or vehicle, and hereby release Alientech srl from all liability, of any kind and nature, in relation to any damage, injury, loss or claim or cost of any kind and species, caused to You or any third party.

14.9 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ALIENTECH SRL BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, HARM OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE, MISUSE OF OR INABILITY TO USE THE POWERGATE SERVICES, HOWEVER CAUSED, AND EVEN IF ALIENTECH SRL, ITS SUBSIDIARIES AND AFFILIATES OR A REPRESENTATIVE OF ALIENTECH SRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS, CLAIM OR COST.

14.10 THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ALIENTECH SRL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALIENTECH SRL’S TOTAL LIABILITY TO YOU FOR THE WHOLE OF THE DAMAGE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) MAY EXCEED THE COST OF THE PURCHASED GOOD.

14.11 Further, to the extent not prohibited by law, in no event shall Alientech srl be liable to You or any third party related to Your use or misuse of the Powergate Services in connection with any alleged violation or circumvention of any state or federal law or regulation regulating or limiting air emissions from stationary and mobile sources, including but not limited to the Clean Air Act, 42 U.S.C. § 7401 et seq. (1970), any National Air Quality Standards developed by the Environmental Protection Agency, or any state law counterparts to regulate emissions of hazardous air pollutants.

14.12 In the event that Alientech srl is assessed any monetary penalties or fines arising from Your use or misuse of the Powergate Services in connection with any alleged violations of any state or federal law or regulation regulating air emissions of hazardous air pollutants, You shall indemnify and hold Alientech srl harmless from any monetary penalty, fine, final court judgment (or settlement to which Alientech srl has agreed), and any associated legal fees.

15. Term and Termination

15.1 The term of this Agreement will commence on the date that You complete the installation of the Powergate App and check the “I Agree” box and will continue in effect until terminated by You or Alientech srl as set forth in this Article 15.

15.2 Alientech srl may terminate this Agreement at any time without prior notice if it ceases to support the Powergate Services, which Alientech srl may do in its sole discretion.

15.3 Your violation of one of the provisions set forth in articles: 2) Account and Privacy, 3) License, 4) Usage Restrictions, 5) Intellectual Property, 6) Rules of Conduct and 7) User Responsibilities, constitutes a serious breach of this Agreement and entitles Alientech srl to terminate this Agreement if You, duly notified in writing, do not remedy the breach or do not comply with the provisions of this Agreement within 10 (ten) days of receiving the notification.

15.4 You acknowledge and agree that Alientech srl cannot be held liable to You or any third party for any damage, loss or disservice resulting from the termination of this Agreement.

15.5 Upon termination of this Agreement for any reason, all rights and license granted to You under this Agreement will also terminate, You will discontinue all use of the Powergate Services and must promptly and permanently delete the Powergate App from Your mobile device. Upon termination Alientech srl will have the right to immediately deactivate Your ALIEN_id account and suspend access to the Powergate Services.

15.6 Termination of this Agreement will not limit any of Alientech srl ‘s rights or remedies at law or in equity, nor will exempt You from all the duties and obligations provided in this Agreement.

15.7 The following articles will survive the termination of this Agreement: 5) Intellectual Property, 13) Disclaimer of Warranties, 14) Limitation of Liability, 18) Indemnification, 19) Severability, Waiver and Language, 21) Governing Law.

16. Uninstall

16.1 If You sell Your mobile device to a third party, You must remove/uninstall the Powergate App from the mobile device before doing so.

16.2 To uninstall the Powergate App, please use the application manager provided with Your mobile device or consult Your mobile device manual for reference.

16.3 If You wish to sell Your Powergate Tool, before doing so You must contact Your Powergate Manager so that the association between Your Powergate Tool and Your vehicle can be removed. Alientech srl will not be liable to You or any third party for any claims, damages or loss arising from Your breach of this provision.

17. Changes to this Agreement

17.1 Alientech srl reserves the right, at any time and its sole discretion, to make changes to this Agreement, and add new or additional provisions on the use of the Powergate Services. The most current version of this Agreement will be published at https://www.alientech-tools.com/legal/. If Alientech srl makes material changes to this Agreement, You will receive notification via the Powergate App and we will ask Your express agreement. If You decline to accept the changes to this Agreement, You may not be able to continue to use the Powergate App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Alientech srl’s website, even if these updated terms appear online at Alientech srl’s website before being posted on the Powergate App. By continuing to use the Powergate Services after those revisions become effective, You agree to be bound by the updated terms. If You do not agree to the new terms, You are no longer authorized to use the Powergate Services and must remove the Powergate App from Your mobile device.

18. Indemnification

18.1 To the maximum extent permitted by law, You agree to indemnify, defend and hold harmless Alientech srl, its subsidiaries, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, actions, suits or demands made by any third party and all resulting losses, liabilities, damages, expenses and costs, including without limitation reasonable legal fees, arising from or relating to Your use, inability to use or misuse of the Powergate Services, Your breach of this Agreement or Your violation of any law or regulation.

19. Severability, Waiver and Language

19.1 If for any reason a court of competent jurisdiction finds one or more provisions of this Agreement, or portion thereof, to be null or unenforceable, such provision(s) will be limited or eliminated to the minimum extent necessary and replaced by a valid provision that best expresses the intentions of this Agreement, so that this Agreement shall continue in full force and effect.

19.2 Failure to enforce or exercise by Alientech srl any provision of this Agreement is not a waiver of such provision, or the right to enforce this Agreement; furthermore, any conduct between You and Alientech srl or any third parties will in no way modify the terms and conditions of this Agreement.

19.3 Any translation of this Agreement is done solely for local requirements: in the event of any discrepancy between the Italian and any non-Italian versions or any doubt about their interpretation, the Italian version of this Agreement shall govern.

19.4 No provision of this Agreement is intended to confer any right or remedy to third parties.

20. Contact Information

20.1 If You have any questions regarding this Agreement, please contact Alientech srl:

  • By sending an e-mail at legal@alientech.to
  • By sending a registered mail at Alientech S.r.l., via Dei Cordari, 1 – 13039 Trino (VC) – Italy.

20.2 Communications and complaints sent to a different address from the ones provided above will not be considered for the purposes of this Agreement.

20.3 If Alientech srl needs to contact You about this Agreement, the Powergate Services, or Your ALIEN_id account, You agree to receive notifications by e-mail. You also acknowledge the full validity of such notifications and communications sent in electronic format and agree that they meet any applicable legal notice requirements.

21. Governing Law

21.1 This Agreement shall be governed by and construed in accordance with the laws of Italy. The applicability of the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna on 11.04.1980 is expressly excluded and does not apply to this Agreement.

21.2 All matters not expressly provided under this Agreement shall be governed by and construed in accordance with the laws of Italy.

21.3 Any controversy or dispute that may arise out of the application, interpretation, execution, validity and violation of this Agreement will be subject – unless otherwise provided by mandatory law – to the venue of the court of Your place of residence, if You are to be considered “consumer” in accordance with current legislation, otherwise the exclusive jurisdiction of the Vercelli Court, Italy.

22. Entire Agreement

22.1 This Agreement constitutes the entire agreement between You and Alientech srl regarding Your use of the Powergate Services and supersede any prior oral or written agreements, if any, between You and Alientech srl concerning the Powergate Services.

23. Acceptance Declaration

23.1 You acknowledge that You have read and understood this Agreement in its entirety and agree to be bound by its terms and conditions, even if signed electronically and not by a physically affixed signature.

23.2 The following provisions are specifically approved pursuant to and in accordance with Article 1341, Paragraph 2 of Italian Civil Code: 3) License, 4) Usage Restrictions, 5) Intellectual Property, 6) Rules of Conduct, 7) User Responsibilities, 8) Risks Connected to Data Reading or Reprogramming, 11) Updates, Maintenance and Support, 12) Service Availability, 13) Disclaimer of Warranties, 14) Limitation of Liability, 15) Term and Termination, 18) Indemnification, and 21) Governing Law.