TERMS OF USE OF THE WEBSITE
Effective as of 28 April 2025. Replaces all prior versions.
These Terms of Use reflect the way the website https://modiobd.com/ (“the Service”) works, how Visitors access and use content provided through the Service, the laws that apply to the Provider of the Service, and other conditions related to the Service. These Terms of Use in accordance with the most recent version shall apply to all Visitors to the Service who have created accounts to access and use the Service and to all visitors to the Service website.
I. Introduction
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MODI by Abrites is a car diagnostics solution by MODI Abrites EOOD, a company incorporated under the laws of Bulgaria and having its seat and registered address MODI Abrites Ltd., UIC 207885431, registered address of management in Sofia, 147 Cherni vrah Blvd. – "MODI Abrites", "the Company", "we" or "us" (“Provider”) and the marketing website and online store for purchasing the solution is https://modiobd.com.
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Anyone creating an account via the sign-up (registration) on https://modiobd.com or a visitor to the Service website http://www.modiobd.com/ who is only browsing around accepts these Terms of Use.
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By accepting the Terms of Use, the Visitor confirms that he/she is 18 years of age or older and that the Visitor is entitled and authorised to enter into contracts on his/her behalf as an individual or on behalf of the legal entity which he/she represents (e.g., business, educational institution, organisation and the like).
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The Visitor further warrants that the information that he/she has provided through the registration/subscription process is true and accurate.
II. Definitions
a. “Registration Form” means the electronic registration form completed by the Visitor for the purposes of his/her registration or of the registration of the company, organisation, or the legal entity he/she is representing, for the Services subject to the Terms of Use of this Agreement;
b. “Modi Abrites” is the services provider, with the website https://modiobd.com serving as the platform where the Service;
c. “Service” means the https://modiobd.com service;
d. “Visitor” means anyone who lands on, browses or crawls or causes the crawling of https://modiobd.com. Unless otherwise specified, all references to a registered user or active user implicate a visitor.
e. “Registered User” means everybody, either an individual acting on behalf of him/herself or acting on behalf of a company, organisation or other legal entity, creating an account via the sign-up (registration.
f. “Active user” means any registered or non-registered user who has downloaded the MODI Abrites Mobile Diagnostics Application and purchased Device MODI OBDII Reader (“the Services”), whether using the Services in the trial period for free or under a subscription plan. The use of the Services shall be governed by the Terms and Conditions and Privacy Policy which visualise upon the downloading of the MODI Abrites Mobile Diagnostics Application.
III. Licence to Access and Use the Website https://modiobd.com and Its Information Resources
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The Provider hereby grants to the Visitor, and the Visitor hereby accepts from the Provider, a non-exclusive, non-transferable, limited right and license to access the website and the Information resources at https://modiobd.com, which may change from time to time. The Provider may restrict access to certain /Information resources at any time. The license includes the right to download and temporarily store insubstantial portions of the Information resources for private and non-commercial use only to a storage device under the Visitor’s exclusive control to study and become accustomed to the operation of MODI Abrites products. The Visitor may also create printouts of the Information resources for private use.
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The Visitor may not copy, download, store, publish, transmit, transfer, sell or use any part of the Information resources of https://modiobd.com except with the Provider’s prior written permission. The Information resources may not be stored in an archival or other searchable database not used to develop a similar Service to the one offered by the products of MODI Abrites.
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Except for the license granted in these Terms of Use, all rights, title and interest in the information resources, design, images, look and feel, and content on the https://modiobd.com website, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the property of the Provider.
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Certain types of Information resources may be governed by the Terms and Conditions of the MOBI Mobile Application as well, which the visitor will be asked to accept upon downloading the MODI Mobile Application.
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The Visitor has no right to use and shall not use without the advance written consent of the Provider its names, marks, logos, designs, trade names, copyright materials, trademarks or service marks owned by the Provider: (i) in whatever advertisement, publication, web site or promotion material; or (ii) otherwise which contradicts to the terms of this Terms of Use. For the avoidance of doubt, all intellectual rights granted to the Visitor shall automatically cease upon termination of the Visitor’s subscription plan.
IV. Registered User Accounts
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The Visitor can create a free account via the sign-up (registration) and become a Registered User. He/she creates his/her own password to log in with and fills in personal details as required by the Service. To become an authorized user of the mobile diagnostics services offered by MODI Abrites, you must download the MODI Mobile Application and connect it to the MODI OBDII Device. The use of the device and application is governed by the respective Terms and Conditions and Privacy Policy, which will be displayed to the authorized user upon downloading the MODI Mobile Application. You can access the services using your Apple or Google account, without the need for additional registration.
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The password and login email are for personal use only and cannot be assigned to any third party. Each password and login email should be assigned to one person only (e.g. being the Registered User), and should not be assigned to any third party. Any actions of third parties using a Registered User’s password and/or login email shall be deemed actions of that registered user.
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The Registered User agrees to immediately notify the Provider in the event of a loss or unauthorised usage of his/her password and login email, or when he/she is aware of a possible or actual unauthorised use of their account.
V. Online Store Module and Shopping Cart
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The https://modiobd.com website features an online store module where both registered users and visitors can place orders.
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The Provider accepts payments in its online store via credit and debit/prepaid cards. Upon payment with a credit or debit card, an amount equal to the net purchase price of the order (excluding VAT) will be displayed initially. VAT and delivery costs (if applicable) will be calculated and shown after the user enters their delivery address. The final total amount, including VAT and applicable delivery charges, will be clearly displayed before proceeding to the "Take Me to Payment" screen. This amount will be temporarily blocked on the buyer’s card and will be charged when the ordered items are dispatched or made available for download (in the case of software). The total charged amount will be specified in a confirmation email sent to the client.
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In the unlikely event of an error in the displayed retail price, despite the Provider’s best efforts, the Provider shall take all necessary steps to inform the client of the error immediately, and no later than the moment the ordered items are dispatched. The Provider shall send an acknowledgment of the received order as soon as practicable, including notifications for successful and unsuccessful orders, invoices, dispatch confirmation, and status updates from "Completed" to "Sent."
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Provided the requisite amount has been successfully blocked on the buyer’s account, the Provider shall send a notice that the items have been dispatched to the buyer’s address as soon as practicable but not later than 7 business days after placing of the order.
VI. Entry into Force
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The Provider may (temporarily) suspend access to the https://modiobd.com website in the following cases: (i) in case of force majeure circumstances; (ii) in case of technical issues and maintenance.
Once the above-mentioned circumstances have passed, access to the website shall be resumed.
VII. Risks and Limitations of Liability of the Provider
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The Provider will do its best to decrease risks of providing incomplete and inaccurate information resources to the Visitor. The Provider is not responsible for any errors or omissions, for the results obtained from the use of the Service’s information resources by the Visitor, or for delays or interruptions in the access to https://modiobd.com. All Information resources provided on the Service by the Provider shall be used in its actual form (“as is”) and there are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular investment or commercial purpose or non-intervention with rights of third parties.
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The Provider, its agents and employees are not responsible for any direct or indirect damages caused by:
(i) any incompleteness and inaccuracies in the Information resources;
(ii) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Visitor's rights under these Terms of Use or use of, or inability to use, Information resources, even if the Provider, its affiliates and/or contributors have been advised of the possibility of such damages;
(iii) failure in the electronic equipment, unauthorized access, strikes, system failures, bad weather as well as any other circumstances, which are out of the Provider's control;
(iv) maintenance, losing or forgetting passwords and usernames.
VIII. Amendments to these Terms of Use
The Provider may amend these Terms of Use them from time to time. The latest updated version of these Terms of Use shall be published and shall be available to Visitors on https://modiobd.com any time, and also for download.
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The Visitor cannot declare that certain terms and provisions of these Terms of Use do not have effect upon him/her.
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The Visitor is bound by and shall comply with the latest amendments in the Terms of Use from the moment of publication on https://modiobd.com.
IX. Governing Law
These Terms of Use are governed by, construed and take effect in accordance with the Bulgarian law. Any dispute or claim arising out of or in connection with the entry into force, implementation, performance or termination of these Terms of Use that cannot be amicably resolved by the Visitor and the Provider shall be brought and resolved solely and exclusively by the competent court of the Republic of Bulgaria.
X. Other Provisions
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These Terms of Use shall apply to all Visitors from the moment of accessing the website, regardless of their status as visitors, registered or active users.
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These Terms of Use shall form the entire agreement between the Visitor and the Provider with respect to the right to access and use of the Service and the Information resources it provides.
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If any term or provision of these Terms of Use is found to be void, invalid, unenforceable, or illegal, all other terms and provisions of these Terms of Use shall remain in full force and effect.
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The headings and captions contained in these Terms of Use are inserted for convenience only and do not constitute a part of these Terms of Use.
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The Provider may send and address to the Visitor any notification related or relevant to the Service by sending an e-mail to the last address given by the Visitor to the Provider or by posting the notification on the Service home page “Terms of Use” section.
XI. Acceptable Use Policy of the Website https://modiobd.com
By accepting these Terms of Use, the user agrees to be bound by Modi Abrites’ acceptable use policy (“AUP”) as follows:
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not using the service in violation of any law;
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not attempting to disrupt the information security of any computer network;
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not attempting to send so many requests to the website as those to be beyond “reasonable human reading” of the nature or aiming to flood the server;
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not attempting to infringe any rights to intellectual property;
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undertaking to report any attempt to break into their account;
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acknowledging that their account may be terminated with immediate effect without any right to a refund if the AUP is violated;
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not attempting to crawl or scrape the contents of Modi Abrites’ website or use it to train bots or artificial intelligence models and acknowledging that the contents of the website maybe blocked for all bots, spiders and other software with the exception of such one for SEO purposes.