Terms of Use

These Terms of Use ("Terms") govern your access to and use of the GuestKeyTS mobile application and related services (the "Service") provided by Todd Houle, doing business as GuestKeyTS ("the Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Description of the Service

The Service provides a software interface that enables compatible vehicle owners to connect vehicles and grant limited vehicle comfort and access permissions to invited users.

The Service may allow authorized users to:

• Activate or deactivate climate systems
• Adjust seat heaters
• Control media playback and volume (if enabled)
• Honk the vehicle horn (if enabled)
• Grant and revoke guest permissions

All features of the Service, including unlimited guest invitations, no-expiration guest access, auto-wake for sleeping vehicles, rideshare mode, and media controls, are provided free of charge with no in-app purchases required.

Certain features use Bluetooth Low Energy (BLE) to verify that the vehicle owner's device is in proximity before allowing guest commands. This applies to rideshare mode and to any guest where the owner has enabled the proximity requirement. Bluetooth must be enabled on the owner's device for these features to function. If Bluetooth is unavailable or permission is denied, proximity-gated commands will not be executed. Bluetooth reliability varies by device, operating system, environment, and user settings; the Company does not guarantee proximity validation accuracy.

The Service operates through integration with third-party systems and APIs provided by Tesla.

The Company does not manufacture vehicles and does not directly control vehicles. The Company is not affiliated with, endorsed by, or sponsored by Tesla.

2. Third-Party Authentication

The Service does not maintain traditional user accounts.

Access to vehicle functionality requires authentication through Tesla's account system. By connecting a vehicle, you:

• Authenticate using your Tesla credentials directly with Tesla.
• Authorize the Service to access vehicle data and functionality through Tesla's APIs.

The Company does not collect or store your Tesla password.

You are solely responsible for maintaining the security of your Tesla account credentials.

3. Eligibility

By using the Service, you confirm that you are 13 years of age or older, or that your parent or legal guardian has authorized your use.

You must be at least 18 years old to connect a vehicle to the Service.

If you authorize a minor to access vehicle features through the Service as a guest:

• You represent and warrant that you are the minor's parent or legal guardian, or that you have obtained consent from the minor's parent or legal guardian.
• You accept full responsibility for the minor's actions and use of the vehicle.

4. Vehicle Owner Responsibilities

By connecting a vehicle, you represent and warrant that:

• You are the lawful owner of the vehicle or have authority to grant access.
• You have authority to grant guest permissions.

You are solely responsible for:

• Granting and revoking guest access
• Monitoring vehicle usage
• Any consequences arising from access granted through the Service

The Company does not independently verify vehicle ownership beyond third-party authentication.

5. Guest Access

Vehicle access granted through the Service is controlled by the vehicle owner.

Guest users:

• May only use vehicle functions as permitted.
• Must not attempt to exceed granted permissions.
• Must not attempt unauthorized access to any vehicle.

Vehicle owners are responsible for any access granted to guests.

The Company is not responsible for and will not mediate disputes between users, including disputes between vehicle owners and guests or between co-owners. You agree to hold the Company harmless from any claims arising from disputes between users of the Service.

6. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to reverse engineer, decompile, or disassemble the Service or any component thereof
• Circumvent, disable, or interfere with any security features of the Service
• Access or attempt to access vehicles or accounts not authorized for your use
• Use automated scripts, bots, or other programmatic means to access the Service
• Interfere with or disrupt the Service or the servers and networks that host the Service
• Use the Service to harass, threaten, or cause harm to any person
• Resell, sublicense, or commercially redistribute access to the Service

Violation of these restrictions may result in immediate termination of access to the Service.

7. Co-Owner Access

If multiple users authenticate via Tesla for the same vehicle, each is considered an authorized user with owner-level permissions within the Service. Each co-owner independently assumes responsibility for:

• Guest access they grant through the Service
• Commands they issue or authorize
• Consequences arising from their use of the Service

The Company does not mediate disputes between co-owners and is not liable for actions taken by one co-owner that affect another co-owner or their guests.

8. Rideshare Mode

The Service may offer a rideshare mode that provides rotating, time-limited guest access to vehicle comfort controls. If you use rideshare mode:

• You represent that you maintain appropriate insurance coverage for rideshare or commercial vehicle use.
• You are solely responsible for compliance with all applicable transportation laws and regulations.
• You accept sole responsibility for all passengers who access your vehicle through the Service.
• You acknowledge that rideshare guest sessions are time-limited and that a new guest may automatically replace a previous guest's session.

The Company is not a transportation provider, does not verify the identity of rideshare guests, and assumes no liability for incidents arising from rideshare use.

Third-Party Platform Compliance: Some rideshare and transportation network platforms may have terms of service that restrict or prohibit the use of third-party applications during active rides. It is your sole responsibility to review and comply with the terms of any rideshare platform you use. The Company makes no representation that use of rideshare mode is permitted by any particular platform and accepts no liability for consequences arising from your use of the Service in connection with any third-party rideshare platform.

9. Third-Party Services and API Dependence

The Service relies on third-party systems, including APIs and infrastructure operated by Tesla.

The Company:

• Does not control Tesla systems.
• Is not responsible for Tesla outages, API changes, delays, or service interruptions.
• Does not guarantee continued compatibility with Tesla vehicles.

Vehicle functionality may be unavailable due to changes outside the Company's control.

10. No Emergency Use

The Service is not intended for emergency vehicle access or safety-critical purposes.

You acknowledge that:

• Commands may fail.
• Connectivity may be unavailable.
• Bluetooth proximity detection may be affected by environmental conditions, device settings, or hardware limitations.
• Vehicle response times may vary.

The Service must not be relied upon in emergencies.

11. Safety and Risk Allocation

The Service provides software-based remote vehicle commands.

The Company is not responsible for:

• Physical access to vehicles
• Theft, damage, or loss
• Injuries arising from vehicle access or operation
• Environmental conditions within the vehicle
• Battery or performance drain

Temperature controls are limited to a preset range but the Company does not guarantee that any temperature setting is safe for all occupants or conditions.

The Service does not control vehicle movement, driving behavior, or occupant safety. The Company assumes no responsibility for how the vehicle is operated while the Service is in use.

All vehicle access is granted at the vehicle owner's sole risk.

12. Pricing

The Service is provided free of charge. There are no subscriptions, in-app purchases, or fees associated with the use of the Service. All features are available to all users at no cost.

The Company reserves the right to introduce paid features or subscriptions in the future. Any such changes will be communicated in accordance with Section 19 (Modifications).

13. Intellectual Property

All software and content related to the Service are owned by the Company or its licensors.

Tesla and related marks are trademarks of Tesla and are used solely to describe compatibility.

No affiliation or endorsement is implied.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

The Company does not guarantee uninterrupted or error-free operation.

15. Limitation of Liability

To the maximum extent permitted by law:

• The Company shall not be liable for indirect, incidental, consequential, or punitive damages.
• Total liability shall not exceed the greater of:
  • (a) Amount paid by you in the prior twelve (12) months; or
  • (b) $100.

This limitation applies to claims related to vehicle access, service interruptions, and third-party system failures.

Nothing in this section limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any liability that cannot be limited or excluded by applicable law.

16. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from:

• Your use of the Service
• Access granted to third parties
• Violations of these Terms
• Your violation of any applicable law or regulation
• Vehicle-related incidents arising from permissions you grant

This indemnification obligation does not apply to claims arising solely from the Company's own negligence or willful misconduct.

17. Termination

The Company may suspend or terminate access to the Service at any time for violation of these Terms or misuse of the Service.

You may discontinue use at any time.

Upon termination, data associated with your account will be handled in accordance with the Privacy Policy. Active guest sessions associated with a terminated account may be revoked without notice.

Sections 11, 13, 14, 15, 16, 18, 20, 21, 22, 23, and 24 survive termination of these Terms.

18. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:

• Third-party API changes, outages, or discontinuations (including Tesla and Google)
• App Store disruptions
• Natural disasters, pandemics, or government actions
• Internet or telecommunications failures

19. Modifications

The Company may update these Terms at any time. Material changes will be communicated via in-app notification at least 30 days before taking effect. Continued use after the effective date of revised Terms constitutes acceptance of those changes.

20. Privacy

Use of the Service is governed by the Privacy Policy, which describes how vehicle identifiers, authentication tokens, and related data are collected, used, and stored.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Nothing in these Terms limits any consumer protection rights that you may be entitled to under the mandatory laws of your jurisdiction of residence.

Informal Resolution: Before initiating arbitration, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. If the dispute is not resolved within 30 days, either party may proceed to arbitration.

Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration hearings may be conducted by telephone, video conference, or in person in Norfolk County, Massachusetts, as determined by the arbitrator. The arbitrator's decision shall be final and binding.

The Company shall pay all AAA filing fees and arbitrator costs for claims under $10,000, except where the arbitrator determines a claim is frivolous.

Either party may bring claims in small claims court if the claim qualifies under the court's jurisdictional limits.

Class Action Waiver: You agree to resolve disputes with the Company on an individual basis only. You waive the right to participate in any class action, collective action, or representative proceeding. If this class action waiver is found unenforceable, the entirety of this arbitration provision shall be void.

Opt-Out: You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state courts of Norfolk County, Massachusetts, or the United States District Court for the District of Massachusetts.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

23. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, and understandings.

24. Assignment

You may not assign or transfer these Terms or any rights hereunder without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.