Terms of Service (UK)

Who we are and how to reach us

Niko is a mobile application that lets you see and control a vehicle you own or are authorised to use. It is operated by registered company name, exactly as at Companies House, a company registered in England and Wales under company number Companies House registration number, whose registered office is at registered office address, including postcode. In these terms we call it “Niko”, “we”, “us” or “our”.

You can contact us by email at general support address, e.g. support@nikoapp.co.uk, or by writing to address the public can write to. If we need to contact you we will use the email address or phone number you gave us in the app.

These terms

These terms tell you who we are, how we provide Niko to you, what you and we are each responsible for, how you or we may end the agreement, and what to do if something goes wrong. Please read them and keep a copy.
By creating an account, or by continuing to use Niko, you agree to these terms. If you do not agree to them, please do not use the app.
These terms, together with our Privacy Notice, form the whole agreement between you and us about Niko.
This is the United Kingdom edition, written for the law of England and Wales. If you live in Scotland or Northern Ireland, the law of that country applies to this agreement instead, and you may bring proceedings in its courts.
Nothing in these terms affects the rights the law gives you as a consumer that cannot be signed away. Where anything here conflicts with those rights, those rights win.

Who can use Niko

You must be at least 18 years old to hold an account. Niko sends commands to a road vehicle, so it is not a service for children.
You may only connect a vehicle that you own, lease, or are otherwise authorised by its owner to operate. Connecting a vehicle you have no right to operate is a serious matter and may be a criminal offence.
If more than one person uses a vehicle, whoever connects it is responsible for making sure the others know that it can be controlled remotely through Niko.
You must have a valid account with the vehicle manufacturer, and that account must remain in good standing. We have no ability to restore or influence it.

Your account

You are responsible for keeping your sign-in details confidential, and for everything done through your account. Your account can unlock and start a vehicle, so treat it with the same care as the key.
Tell us promptly at general support address, e.g. support@nikoapp.co.uk if you believe someone else has access to your account. You can also sign out every device from the app, which immediately revokes all existing sessions.
The information you give us must be accurate. If we cannot verify your email address we may limit or suspend the account until you do.
You may close your account at any time from within the app. Closing it disconnects your vehicle and deletes or anonymises your data as described in the Privacy Notice.

What Niko does, and what it depends on

Niko shows you information about your vehicle and lets you send commands to it — for example locking and unlocking, preconditioning the climate, starting and stopping charging, opening the boot or front boot, and turning features such as Sentry Mode on or off. It can also show you where the vehicle is.
Niko is a companion app. It does not communicate with your vehicle directly. Every request travels over the internet to the manufacturer's own systems and from there to the vehicle, which must have power and mobile signal to answer.
Because of that, delivery is not guaranteed and not instant. A command may be delayed, may arrive out of order, may fail, or may report success before the vehicle has finished acting on it. The vehicle itself is always the authoritative source of its own state.
Information shown in the app — battery level, range, location, temperature, lock state — is a recent reading, not a live feed. It may be minutes old, and it may be wrong if the vehicle has been asleep or out of signal.
We may add, change or remove features. If a change materially reduces what you get and you are paying for the service, we will tell you in advance and you may end the agreement and receive a refund of anything you have paid for the part you will not receive.
Some functions depend on services run by other companies, including the vehicle manufacturer and energy suppliers. If they change or withdraw an interface, the matching function in Niko may stop working, and that is outside our control.

Safety — please read this section

A remote command moves a real vehicle in the real world. You are responsible for making sure it is safe and lawful to send one, every time you send one.

Never send a command unless you are confident of the situation around the vehicle. Do not open a door, boot, window or charge port, start climate control, or move a vehicle when a person, child or animal could be inside it or near it, or when doing so could put anyone in danger or damage property.
Do not use Niko while you are driving. It is an offence to use a hand-held device while driving.
Do not rely on Niko in an emergency, and do not rely on it as the only way to reach or secure your vehicle. Always keep your physical key or card with you. If someone or something is shut inside a vehicle, call the emergency services.
Do not rely on Niko for anything that must not fail: keeping medication or food at a temperature, guaranteeing a charge is complete before a journey, or confirming a vehicle is locked or secure. Check the vehicle itself.
Location shown in the app is approximate and may be out of date. Do not use it as evidence of where a vehicle was at a given moment, and do not use it to track a person.
Rule 123 of the Highway Code and the Road Vehicles (Construction and Use) Regulations 1986 restrict leaving a vehicle running unattended on a public road. You are responsible for using preconditioning and charging in a way that complies with the law and with the rules of wherever the vehicle is parked.
You remain the driver and keeper of your vehicle. Nothing in the app changes your obligations under road traffic law. Niko does not drive, supervise or maintain your vehicle, and does not replace the manufacturer's own app, manual or safety instructions. Follow those first.

Your manufacturer account, and our independence

To connect a vehicle you sign in with the vehicle manufacturer on the manufacturer's own website. We never see or store your manufacturer password. What we receive and store is an access token, which we hold encrypted and which you can revoke at any time from your manufacturer account or from within Niko.
We ask for the narrowest set of permissions the app needs: reading vehicle data, reading vehicle location, and sending vehicle and charging commands. Disconnecting the vehicle in Niko withdraws our access.
Niko is an independent product. We are not affiliated with, authorised by, endorsed by, or in any way officially connected with Tesla, Inc. or any other vehicle manufacturer. “Tesla” and any other manufacturer names and marks belong to their respective owners and are used only to describe what the app works with.
Your relationship with the vehicle manufacturer is governed by their terms, not ours. Using Niko does not change the warranty, the vehicle's own software licence, or any agreement you have with them. If using a third-party app affects your rights with the manufacturer, that is a matter between you and them, and you should check their terms.

How you may and may not use Niko

You may use Niko for your own personal, non-commercial use with vehicles you are entitled to operate. You must not:

use it to control, monitor or locate a vehicle without the informed agreement of the person entitled to operate it, or to track, harass, stalk or intimidate anyone;
use it for anything unlawful, or to help anyone else break the law;
attempt to gain access to accounts, data or systems that are not yours, or to probe, scan or test our infrastructure without our written permission;
copy, adapt, decompile or reverse engineer the app, except to the limited extent the law expressly allows and cannot exclude;
use automated means to send commands at a rate or volume that a person would not, or otherwise place an unreasonable load on our systems or the manufacturer's;
resell, sublicense or make the service available to others as if it were your own;
remove or obscure any notice of ownership in the app.

If you find a security vulnerability, please tell us at general support address, e.g. support@nikoapp.co.uk before telling anyone else. We will not pursue anyone who reports a genuine issue to us in good faith and gives us a reasonable chance to fix it.

Subscriptions, purchases and prices

Some features may be free and others paid. Before you commit to anything we will show you what it costs, what it includes, how long it lasts and how it renews.
Prices shown to you include VAT at the applicable rate. Delivery costs, where they apply, are shown separately before you order.
Where you buy through an app store, that store collects payment under its own terms, and its refund process may apply alongside the rights described here.
Where you buy directly from us, payment is taken by our payment provider. We never receive or store your full card number — we keep only the card brand, its last four digits, its expiry date and a token that stands for it with the provider.
A subscription that renews automatically will say so before you buy, and you can turn renewal off at any time. It then runs to the end of the period you have paid for.
If a payment fails we may retry it and may suspend paid features until it succeeds. We will tell you before we do.
We may change prices. A change never applies to a period you have already paid for, and for a renewing subscription we will give you at least 30 days' notice so that you can cancel before it takes effect.
If we ever show a clearly incorrect price and the mistake is one you could reasonably have spotted, we do not have to supply at that price. We will contact you and you can confirm at the correct price or cancel for a full refund.

Your right to change your mind

Under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you normally have 14 days to cancel a distance contract without giving a reason. For digital content and subscriptions, the 14 days run from the day the contract is made. For goods, they run from the day you or someone you name receives them.
If you ask us to start supplying digital content during the cancellation period, you accept that you lose the right to cancel once supply has begun, and we will confirm that on a durable medium.
For goods, you have 30 days from delivery to reject anything faulty for a full refund, and separate remedies after that.
To cancel, tell us at general support address, e.g. support@nikoapp.co.uk, or use the cancellation option in the app. You may use the model cancellation form but you do not have to. Telling us clearly is enough.
We refund by the same method you paid with, without a fee, within 14 days of accepting the cancellation — or, for returned goods, within 14 days of receiving them back or of your proof of return, whichever is sooner.

Your statutory rights

Digital content we supply must be of satisfactory quality, fit for any purpose you made known to us, and as described. If it is not, you are entitled to a repair or replacement, and where that is impossible or not done within a reasonable time, to a price reduction.
If digital content we supply damages your device or other digital content, and that happened because we failed to use reasonable care and skill, we will either repair the damage or compensate you.
Nothing in these terms limits those rights. For more information about them, contact the Citizens Advice consumer service.

Availability

We work to keep Niko available, but we do not promise it will be uninterrupted or error-free. It may be unavailable for maintenance, for repairs, or because something upstream of us has failed.
Where we can plan an interruption, we will try to give notice and to schedule it outside busy hours.
You need a compatible device, an operating system we still support, and an internet connection. Your network operator's charges are your own.
We may stop supporting older app versions or operating systems where continuing to do so would be unsafe or impractical.

Ending the agreement

You may stop using Niko and close your account at any time, for any reason.
We may suspend or end your access if you seriously or repeatedly break these terms, if we must do so by law, or if we reasonably believe your account is being used to endanger someone or to control a vehicle without authority.
Except where telling you first would be unlawful or would defeat the purpose — for instance where someone is at risk — we will tell you what we are doing and why, and give you a fair chance to put it right.
We may withdraw the service entirely. If we do, we will give at least 30 days' notice where we reasonably can, and refund the unused part of anything you have paid.
When the agreement ends, our access to your vehicle is withdrawn and your data is handled as set out in the Privacy Notice. The clauses that by their nature should survive — liability, governing law and anything already owed — do survive.

Our responsibility for loss or damage

We never exclude or limit our liability to you where it would be unlawful to do so. That includes liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, your statutory rights as a consumer under the Consumer Rights Act 2015 and any other liability that the law does not permit us to exclude or limit.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or of our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if at the time we made the agreement both we and you knew it might.
We are not responsible for loss or damage that is not foreseeable, or that is caused by something genuinely outside our reasonable control — including a failure, change or outage in the vehicle manufacturer's systems, a mobile network, or the vehicle itself.
We are not responsible for loss or damage arising because you used Niko in a way these terms tell you not to, in particular where you sent a command without checking that it was safe to do so.
We supply Niko for domestic and private use. If you use it for any commercial or business purpose we have no liability to you for loss of profit, loss of business, business interruption, or loss of business opportunity.
Subject always to the liabilities we cannot exclude, listed at the start of this section, our total liability to you for all claims connected with the agreement in any twelve-month period is limited to the greater of the amount you paid us in that period and £100.

Ownership of the app

We, or the people we licence from, own Niko and everything in it. You get a personal, revocable, non-exclusive, non-transferable licence to use it on devices you control, for as long as you comply with these terms. Nothing else is transferred to you.
Data about your vehicle and your account remains yours. You give us only the permission we need to run the service for you, as described in the Privacy Notice.
If you send us feedback or a suggestion, we may use it without owing you anything for it. You do not have to send us any.

Privacy

How we handle personal data is set out in our Privacy Notice, which forms part of this agreement. It explains what we collect, why, how long we keep it, who we share it with, and the rights UK data protection law gives you.

Changes to these terms

We may change these terms — for example to reflect a change in the law, in the service, or in what our providers offer.
If a change is to your disadvantage in any material way, we will give you at least 30 days' notice by email or in the app before it takes effect, and you may end the agreement free of charge before then and receive a refund of anything paid for a period you will not now receive.
Minor changes that do not affect your rights — corrections, clarifications, a new feature described — take effect when we publish them.
Every version is dated and published at https://nikoapp.co.uk/legal/, so you can always see what you agreed to and when it changed.

Complaints and disputes

If something has gone wrong, please tell us first at general support address, e.g. support@nikoapp.co.uk. We aim to acknowledge a complaint within 5 working days and to resolve it within 30 days, and we will keep you updated if it takes longer.
If we cannot resolve a complaint between us, you may be able to refer it to an approved alternative dispute resolution body. We will tell you which body applies and whether we agree to use it. The EU Online Dispute Resolution platform is not available for disputes with UK traders.
Going through our complaints process does not affect your right to take court proceedings.

Other important terms

We may transfer our rights and obligations to another organisation. We will tell you if we do, and it will not reduce your rights under the agreement.
You may only transfer your rights or obligations to someone else if we agree in writing.
The agreement is between you and us. Nobody else may enforce it.
Each clause operates separately. If a court decides any of them is unlawful, the rest remain in force.
If we delay in enforcing the agreement, or do not insist that you do something you are required to do, that does not mean we have given up the right to do so later.
Any clause that has to continue in order to make sense of the agreement continues after it ends.

Governing law and where you can bring proceedings

This agreement is governed by the law of England and Wales. If you live in Scotland or Northern Ireland, the law of that country applies to this agreement instead, and you may bring proceedings in its courts.
You and we both agree that the courts of England and Wales will have jurisdiction. As a consumer you may always bring proceedings in the country where you live, and nothing here removes that right.
These terms are written in English, and English is the language in which the agreement is concluded.