Terms of Use – Intelli-iQ Controller Mobile Application (“App”)
Last updated 24 January, 2023
Please read these Terms of Use ("Terms") carefully before using the PROJECTA mobile application (the "App") created by Brown & Watson International Pty Limited Trading As Projecta (“Projecta”, "us", "we", or "our")
Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the App (“Users”). By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the App. We may terminate or suspend access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Projecta reserves its right, in its sole discretion, to change, limit, or discontinue any aspect, content or feature of the App. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The App is designed for use with the Intelli-iQ Controller (“Intelli-iQ”). The App allows you to remotely control the Intelli-iQ and monitor current data for batteries and connected devices. ("Device Data").
Intelli-IQ is an in-vehicle technology and you acknowledge that you are wholly responsible for the safe operation of your vehicle in accordance with driving rules and regulations. Projecta does not recommend or condone the use of the Intelli-IQ control screen or touch screen engagement with the App when you are driving .
You are responsible for the accuracy of any data entered in registering the App and when installing and using Intelli-iQ. Projecta is not responsible or liable for any false reports or operation resulting from user errors or provision of inaccurate data. Similarly, Projecta is not responsible or liable for any loss, cost or damage due to User error or issues outside Projecta’s control. You acknowledge that the proper operation of the App (and the Intelli-iQ) includes:
• Using the Intelli-iQ within the recommended voltage and current ranges
• The correct installation and proper operation, use and maintenance of the Intelli-iQ in accordance with Installation and Operating Instructions and any datasheets
• Proper connection of the Intelli-iQ with linked devices via correct sensors
• Maintaining recommended software updates for the App
• Use of Intelli-IQ only with batteries which are in good working condition (do not connect Intelli-IQ to a damaged battery as this may heat up, catch fire or explode) and which are properly fitted (e.g. with sufficient ventilation)
• Entry of correct configurations (including battery type, capacity and rating) set points and operational data by the User
Please note that there may be initial inaccuracies with state of charge data because the algorithm is determined by comparing data to the internal battery model parameters. In the initial period of use, and after changing battery settings or adding a new battery, the parameters need to adjust and will improve in accuracy during the next few cycles.
The App may be a helpful tool to assist with the management of batteries, and monitoring their voltage and state of charge but it should not be relied on solely by the User for this purpose. Use of the Intelli-IQ and the App is not a substitute for the User’s own vigilance in monitoring the battery to ensure it is in good condition and is in operation. When working with batteries you should wear protective clothing and eye protection and follow usual protocols to minimise risk of injury from battery acid or a short circuit (such as removing personal metal items like watches, rings, bracelets).
Use of Apps with smart products is reliant on factors which are outside Projecta’s control such as availability of the internet to use the App. Projecta does not promise the App or Intelli-iQ will always operate without interruptions or will be error free. Proper functioning of the Intelli-iQ also requires that your battery and devices remain connected with the Intelli-iQ and that the parts of your vehicle in which it is installed are not defective or malfunctioning. You should check connection via sensors and continue to undertake maintenance of the vehicle and linked devices. Intelli-IQ (and the App) is designed to operate in accordance with the specifications set out in datasheets or Installation and Operating Instructions; and limits and constraints which are stated in those specifications are not defects.
To the fullest extent permitted by law Projecta disclaims any warranties regarding the accuracy, completeness or reliability of Intelli-iQ or the Device Data. Projecta is not responsible for any direct or indirect loss, damage or costs to the User arising from its reliance on Intelli-iQ or the Device Data; and the User indemnifies Projecta against any claims or legal actions which it or others relying on Intelli-iQ or the Device Data may bring in this regard.
You agree that the App and IQD2, including but not limited to graphics, user interface, content, and software used to implement it contains proprietary information and material that is owned by PROJECTA and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way except for use of the App and operation of Intelli-iQ in compliance with this Agreement. No portion of the App may be reproduced in any form or by any means except as expressly permitted by Projecta and in compliance with these Terms.
By using this App you consent to the collection and use of your personal information as set out below and as described in our Privacy Policy. You are required to register your name and email address (“User Data”) in order to use the App. You do not have to give us your personal information, however, if you choose not to, we cannot register you to use the App (which will limit your ability to fully utilise Intelli-iQ through the App) or communicate to you any Device Data generated by Intelli-iQ. The User Data and Device Data generated by Intelli-iQ (including User screen interactions, set-up parameters, App performance analytics and error messages) will be stored by Projecta and its IT service providers to the extent necessary for the processing purposes set out below and for at least the minimum period legally required, generally period of seven (7) years. Projecta will access and use the User Data and Device Data for the following purposes of:
Providing you with a service which allows you to utilise and remotely control the Intelli-iQ and for;
• Data back-up
• Managing any warranty or product liability claims associated with the Intelli-iQ which is linked to the App
• Research and development including to track App performance and improve usability
PROJECTA may disclose this information to IT service providers and hosting providers involved in the operation of the App including Google Cloud services. These IT service providers are entitled to use this information solely for the purpose of operating the App, supporting the App and keeping a log of the User Data and Device Data generated.
Where you have expressly given your consent Projecta will also use the User Data and Device Data to communicate with you about the service and support, proper use and maintenance of Intelli-iQ and to send you personalised advertising about other Projecta products or products related to Intelli-iQ (“marketing communications”).
We will take all reasonable steps to ensure that your personal information which we collect, use or disclose is relevant, accurate, complete and up-to-date. Please ensure that you update any changes to your email address using the App, and inform us by email (below) of any other changes.
If you wish to access, or correct, the information we hold about you; or have any complaints or would like further information about our privacy policy and practices please contact our Privacy Officer at [email protected].
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. These Terms will be governed by the laws of Victoria, Australia and the jurisdiction for any disputes associated with these Terms will be the courts of Victoria, Australia.