Terms, Privacy & Refund Policy

General Terms of Use

By using this website, you agree to our Terms and Privacy Policy. All content on this site is for your general information and buying convenience.

License Agreement

Upon purchase, you are granted a non-exclusive, non-transferable license to use the ESP32 CAN Sniffer software on a single personal computer or laptop. Each license is valid for one (1) device only. You may not:

  • Install or use the software on multiple devices with a single license
  • Share, distribute, or resell your license to third parties
  • Reverse engineer, decompile, or disassemble the software
  • Modify, adapt, or create derivative works based on the software
  • Remove or alter any copyright, trademark, or proprietary notices

For use on additional devices, you must purchase additional licenses. License transfers may be permitted in exceptional circumstances and require written approval from us.

Intellectual Property

The ESP32 CAN Sniffer software, including all code, graphics, user interfaces, documentation, and related materials, is the exclusive property of the software owner and is protected by Croatian copyright laws and international copyright treaties.

All trademarks, service marks, and trade names used in connection with the software are the property of their respective owners. This license does not grant you any rights to use such trademarks, service marks, or trade names.

You retain ownership of any data, files, or content you create using the software. However, the software itself and all intellectual property rights therein remain the property of the licensor.

Warranty Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

We do not warrant that the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. The software may contain bugs, errors, or other limitations.

No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of this warranty.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CROATIAN LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.

Our total liability for any claims arising from or related to the software shall not exceed the amount you paid for the license. This limitation applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, or otherwise.

We are not responsible for any damage to vehicles, equipment, or property that may result from the use or misuse of this software. The software is a diagnostic tool and should not be used to modify critical vehicle systems without proper expertise and authorization.

Prohibited Uses

You agree not to use the software for any unlawful purpose or in any way that could damage, disable, or impair the software or interfere with any other party's use of the software. Specifically, you may not:

  • Use the software to tamper with, modify, or disable vehicle safety systems, emissions controls, or other critical systems
  • Use the software for any illegal activities or in violation of any applicable laws or regulations
  • Use the software to access, monitor, or interfere with vehicles or systems without proper authorization
  • Resell, redistribute, or commercially exploit the software or any data obtained through its use without written permission
  • Use the software in any way that could cause harm to persons or property

Violation of these prohibited uses may result in immediate license revocation without refund.

License Activation and Validation

Your license is bound to the hardware of the computer on which it is activated. The software uses hardware fingerprinting to prevent unauthorized use and license sharing.

The software may require periodic online validation to verify license status. If you are unable to connect to the internet, the software will operate in offline mode with a grace period, after which online validation will be required.

We reserve the right to revoke licenses that are:

  • Shared or transferred without authorization
  • Used in violation of these terms
  • Obtained through fraudulent means
  • Associated with security threats or piracy attempts

License revocation may occur without prior notice and does not entitle you to a refund.

Software Updates and Support

License holders are entitled to receive software updates and bug fixes during the active license period. Major version upgrades may require a separate purchase or upgrade fee, which will be clearly communicated.

Technical support is provided via email at contact.josko@gmail.com. We aim to respond to support requests within 2-3 business days, though response times may vary during peak periods.

Support includes assistance with:

  • Software installation and activation issues
  • Bug reports and troubleshooting
  • General usage questions

Support does not include custom development, hardware troubleshooting, or assistance with third-party software or hardware. When a license expires or is terminated, access to updates and support will cease.

Privacy Policy (GDPR Compliant)

Data Controller

The data controller for your personal data is the operator of ESP32 CAN Sniffer. For any data protection inquiries, please contact us at contact.josko@gmail.com.

Personal Data We Collect

We collect the following personal data only when necessary for order processing and customer support:

  • Name: Required for order processing and license activation
  • Email address: Required for order confirmation, license delivery, and support communication
  • Shipping address: Required only if physical products are shipped
  • Payment information: Processed securely by third-party payment processors (we do not store full payment details)

Lawful Basis for Processing (GDPR Article 6)

We process your personal data based on the following lawful bases:

  • Contract performance: Processing necessary to fulfill your order and provide the software license
  • Legal obligation: Processing required by Croatian tax and accounting laws (7-year retention)
  • Legitimate interests: Processing for customer support, fraud prevention, and software improvement (with your consent for bug reports)
  • Consent: For optional data collection such as bug reports and crash diagnostics

Software Data Collection

The ESP32 CAN Sniffer software may collect the following non-personal system information only when you explicitly choose to report a bug or crash:

  • Operating system and version
  • CPU information (cores, usage, frequency)
  • RAM information (total, used, available)
  • Disk space information
  • Application version and license type
  • Connection status and performance settings
  • Crash logs and error messages (when reporting crashes)

Important: This system information is collected only with your explicit consent when you click "Report Bug" or "Report Problem". No data is collected automatically without your action. This information is used solely for troubleshooting and improving the software.

Data Sharing and Third Parties

We do not sell, rent, or share your personal data with third parties except:

  • Payment processors: Required to process payments (data is handled according to their privacy policies)
  • Shipping providers: Required to deliver physical products (only shipping address is shared)
  • Legal requirements: When required by law or to protect our legal rights

All third-party service providers are required to maintain appropriate security measures and use your data only for the specified purposes.

Cookies and Website Analytics

Our website may use cookies for:

  • Essential website functionality
  • Analytics to improve website performance (with your consent)

You can control cookie preferences through your browser settings. Essential cookies are necessary for the website to function and cannot be disabled.

Your GDPR Rights

Under the General Data Protection Regulation (GDPR), you have the following rights:

  • Right of access (Article 15): Request a copy of your personal data we hold
  • Right to rectification (Article 16): Request correction of inaccurate or incomplete data
  • Right to erasure (Article 17): Request deletion of your data ("right to be forgotten"), subject to legal obligations
  • Right to restrict processing (Article 18): Request limitation of how we process your data
  • Right to data portability (Article 20): Receive your data in a structured, machine-readable format
  • Right to object (Article 21): Object to processing based on legitimate interests
  • Right to withdraw consent: Withdraw consent for optional data processing at any time

To exercise any of these rights, please contact us at contact.josko@gmail.com. We will respond within 30 days as required by GDPR.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. This includes encryption, secure servers, and access controls.

Data Breach Notification

In the event of a data breach that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours and inform affected individuals without undue delay, as required by GDPR Article 33 and 34.

Payment and Customs Duties

All prices are stated in the local currency unless specified otherwise. International buyers are responsible for paying all customs duties, taxes, and import fees in their country of delivery.

Shipping & Delivery

Shipping, delivery times and costs depend on your location. Any customs clearance delays are not our responsibility.

Refund & Exchange Policy

You may request a return or exchange within 14 days of receiving your order if the software problem is proven by logs, screenshots/videos.

Installation Disclaimer

Installation of hardware needed to use this software in your vehicle's dashboard must be carried out by a professional auto electrician. We do not accept any liability for damage caused to car by improper installation or installation by an unauthorized person. If you choose to install the device yourself, you do so at your own risk.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

Any disputes arising from or relating to these terms or the software shall be subject to the exclusive jurisdiction of the competent courts of Croatia. If you are a consumer, you may also have rights under the consumer protection laws of your country of residence.

For consumers in the European Union, you may be entitled to use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve disputes.

Data Retention (GDPR Compliant)

We retain your personal data only for as long as necessary to fulfill the purposes outlined in this policy, in accordance with GDPR's storage limitation principle (Article 5(1)(e)).

Retention Periods

  • Order and customer data: 7 years from the date of purchase (required by Croatian tax and accounting laws - Zakon o računovodstvu)
  • License activation data: For the duration of the license validity plus 7 years for legal compliance
  • Support communications: 3 years from the last contact, unless longer retention is required for dispute resolution
  • Bug reports and crash diagnostics: Maximum 90 days from submission, unless you explicitly consent to longer retention for product improvement
  • Marketing consent data: Until consent is withdrawn or 2 years of inactivity, whichever comes first

Data Deletion

After the retention period expires, your personal data will be securely deleted or anonymized, except where:

  • Legal obligations require longer retention (e.g., ongoing legal proceedings)
  • Data has been anonymized and can no longer identify you
  • You have explicitly consented to longer retention

Exercising Your Rights

You can request access, rectification, erasure, or restriction of your personal data at any time by contacting us at contact.josko@gmail.com.

We will respond to your request within 30 days as required by GDPR Article 12(3). If we cannot fulfill your request (e.g., due to legal obligations), we will explain the reasons.

If you are not satisfied with our response, you have the right to lodge a complaint with the Croatian Personal Data Protection Agency (Agencija za zaštitu osobnih podataka) or your local data protection authority.

Contact

If you have any questions about these terms, please contact us at: contact.josko@gmail.com

By using this site and placing an order, you confirm that you have read and agreed to these terms.

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