1. Terms
By installing or using the Kelly Controller Dashboard application (“the App”) provided by Practical Embedded, LLC ("the Company"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these Terms, you must discontinue use of the App and uninstall it. The App is protected by applicable copyright, trademark, and intellectual property laws.
2. Use License
Permission is granted to use the App for personal, lawful, and non-commercial purposes. This license is granted, not sold, and does not transfer ownership of the App. Under this license, you may not:
* use the App for unlawful purposes
* use the App in a manner that distracts from the safe operation of a vehicle or equipment
* rely on the App as a safety device or substitute for proper vehicle instrumentation or warning systems
* modify, copy, distribute, or create derivative works based on the App
* attempt to reverse engineer, decompile, or disassemble the App
* remove copyright or proprietary notices from the App or
* transfer, sublicense, or resell the App except as expressly permitted by the Company.
The App is intended solely for passive monitoring and display of controller telemetry data. The App does not control vehicle operation, modify controller behavior, or transmit operational commands to the motor controller. Certain interactive features may be limited or disabled while the vehicle is in motion. This license automatically terminates if you violate these Terms.
3. Disclaimer
THE APP AND ANY ASSOCIATED HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, NON-INFRINGEMENT, AND COMPATIBILITY.
The App is intended solely for informational and diagnostic purposes. The App is not a safety device and must not be relied upon for vehicle safety, maintenance decisions, emergency response, or operational control. The Company does not warrant that:
* telemetry data displayed by the App is accurate, complete, current, or error-free
* communication over CAN bus and the serial adapter will be uninterrupted or reliable
* the App will operate without delays, interruptions, crashes, or data corruption or
* the App will be compatible with all hardware, firmware, motor controllers, or vehicles.
USE OF THE APP AND ASSOCIATED HARDWARE IS SOLELY AT THE USER'S OWN RISK.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION:
* LOSS OF DATA
* LOSS OF PROFITS OR BUSINESS
* VEHICLE DAMAGE
* EQUIPMENT FAILURE
* PROPERTY DAMAGE
* PERSONAL INJURY OR
* DEATH
ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE APP OR ASSOCIATED HARDWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USER ASSUMES ALL RESPONSIBILITY AND RISK ASSOCIATED WITH INSTALLATION, MOUNTING, CONFIGURATION, INTERPRETATION OF TELEMETRY DATA, AND OPERATION OF ANY CONNECTED VEHICLE OR EQUIPMENT.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED THE GREATER OF:
* FIFTY U.S. DOLLARS (US $50) OR
* THE AMOUNT PAID TO THE COMPANY FOR ASSOCIATED HARDWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
5. Accuracy and Availability of Data
The telemetry data displayed by the App may contain inaccuracies, delays, interruptions, omissions, or errors arising from controller behavior, CAN bus communication, adapter hardware, firmware compatibility issues, or software defects. The Company does not guarantee that any displayed information is accurate, complete, current, or suitable for any particular purpose. Users are solely responsible for independently verifying information before relying upon it.
6. Hardware and Installation
Any CAN adapter, serial interface, or related hardware provided by the Company must be installed and used in accordance with applicable laws, manufacturer instructions, and safe installation practices. Users are solely responsible for:
* proper wiring and installation
* secure mounting of devices
* compliance with vehicle regulations
* ensuring that use of the App does not obstruct visibility or interfere with safe vehicle operation.
Improper installation or use may result in equipment malfunction, property damage, personal injury, or death.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its members, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of:
* your use or misuse of the App or associated hardware
* your violation of these Terms or
* your operation of any connected vehicle or equipment.
8. Links
The Company has not reviewed all of the sites linked to on the app or its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user’s own risk.
9. Modifications
The company may revise these Terms from time to time. Continued use of the App after revised Terms become effective constitutes acceptance of the revised Terms.
10. Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or associated hardware shall be resolved exclusively through final and binding arbitration rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules. Arbitration shall be conducted on an individual basis only. The parties waive any right to participate in a class action, class arbitration, representative action, or consolidated proceeding. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability, or applicability of this arbitration provision, except that any dispute regarding the enforceability of the class action waiver shall be determined by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction. If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in effect except that if the class action waiver is found unenforceable, this arbitration provision shall be void.
Users may opt out of this arbitration provision by providing written notice to the Company within thirty (30) days of first accepting these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict-of-law principles.
12. Limitation Period
Any claim arising out of or relating to the App or associated hardware must be brought within one (1) year after the claim arose, or such claim is permanently barred to the extent permitted by law.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between the user and the Company regarding use of the App and supersede all prior or contemporaneous understandings relating to the App.
15. Privacy Policy
The Company does not intentionally collect personal information through the App. However, limited technical information may be processed by the Android operating system in connection with App functionality, diagnostics, or permissions. Please review the Privacy Policy for additional details.
This policy is effective as of 31 May 2026.
