Cancellation and Refunds

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Podee is charged by reference to usage, and there is no minimum term. This page sets out your statutory right to cancel, the manner in which that right is exercised, and the circumstances in which sums are refunded to you.

1. Use that is free of charge

One use of Podee is free of charge without limit: a vehicle configured to report its software version, and no other signal, costs nothing. You may connect such a vehicle and see the version of the software installed upon it without supplying payment details at all, for as long as you wish.

There is no free allowance beyond that. Every other signal and every command you send to a vehicle is charged from the first unit, at the rates set out in clause 6 of our Terms of Service. There is no free quota and no free first month, and payment details are required before any of them may be enabled.

Where you do consume chargeable usage in a month, a minimum charge of 30p applies to that month: if the metered total for the month comes to less than 30p, you are charged 30p. The difference between that minimum and your metered usage is not credited to you, is not refundable and is not carried forward. The minimum is not a minimum term, and it is not charged in any month in which you consume nothing chargeable.

The minimum does not apply to the first month in which you consume chargeable usage. Where the total for that month comes to less than 30p, nothing is collected for it and the amount is added to the following month's total instead; it is deferred rather than waived. The minimum applies to that following month, and to every month thereafter, in the ordinary way.

Where your use of Podee has been confined to that free use, no charge will have been made and accordingly there is nothing to refund; you may simply cease using the service, or ask us to close your account, at any time.

2. Your 14-day right to cancel

Because the contract was concluded at a distance, you have a statutory right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The period of 14 days runs from the day on which you entered into the contract with us, that is to say the day on which you first signed in to Podee with your Tesla account and accepted our Terms of Service. It does not run from the day on which you connected a vehicle, nor from the day on which you first incurred a charge.

You are not required to give a reason, and we will not request one.

Charges payable where you cancel within that period

By beginning to use Podee immediately, you request us to commence providing the service during the cancellation period. Where a consumer makes such a request and subsequently cancels, the Regulations permit us to charge for what was actually supplied before cancellation.

Under usage-based charging, that amounts to the usage you have already had. You are liable for the commands and signals you consumed up to the moment of cancellation and for nothing beyond that, and any sum you have paid in excess of that amount is refunded to you.

If you cancel within the 14 days and have consumed no chargeable usage at all, you are entitled to a full refund.

Exercising the right to cancel

You must give us a clear statement that you wish to cancel, before the expiry of the 14 days. Either of the following is sufficient:

Model cancellation form
To [TODO: Podee Ltd], support@podee.app:
I hereby give notice that I cancel my contract for the supply of the following service: Podee.
Ordered on: [date]
Name of consumer: [your name]
Address of consumer: [your address]
Date: [today's date]

Withdrawing Podee's authorisation in your Tesla account stops any further vehicle data reaching us, and you are free to do that at any time, but on its own it does not tell us that you wish to cancel. If you want the contract brought to an end, please write to us as well.

It is the despatch of the notice before the deadline that counts, so notice sent on the fourteenth day is given in time. You should retain a copy: in the event of a dispute as to whether cancellation was effected in time, it falls to us to establish what occurred, but your own record will resolve the matter more quickly.

Timing of refunds

We will make any refund within 14 days of being notified of your cancellation, using the same means of payment as you used for the original transaction. No fee is charged in respect of a refund.

3. Termination after the cancellation period

You may end the contract at any time by writing to support@podee.app and giving 14 days' notice. There is no minimum term and no charge is payable for terminating. We close your account on receipt of that notice.

Charging ceases upon closure of the account, and you are liable for the usage you had up to that point, including the 30p minimum for the final month if you consumed chargeable usage in it. Charges for usage already incurred are not refundable outside the 14-day cancellation period.

Withdrawing Podee's authorisation in your Tesla account stops any further vehicle data reaching us, but on its own it is not notice of termination. If you want the contract brought to an end, please write to us as well.

Once your account is closed we delete the data we hold within 30 days, save for the few records we are required to keep; our Privacy Policy sets out which those are.

4. Where the service is faulty

Under the Consumer Rights Act 2015 we are required to supply Podee with reasonable care and skill. If we have failed to do so, you are entitled to require us to perform the service again. Where that is impossible, or cannot be done within a reasonable time and without significant inconvenience to you, you are entitled to a reduction in price, up to the whole of the affected charges, according to the seriousness of the failure.

Where a fault on our part has resulted in your being charged for usage you were unable to make use of, please notify us and we will refund it. This right is separate from the 14-day right to cancel and is not confined to your first 14 days.

5. Billing errors

If you believe you have been charged incorrectly, whether by reason of metering that appears inaccurate, a duplicate charge, or a charge raised after you closed your account, please write to support@podee.app stating the date and the amount. We will investigate and will refund any sum charged in error. We aim to respond within 2 working days and to resolve the matter within 14 working days.

6. Where we end the service

If we close your account for any reason not attributable to your breach, or if we cease to offer Podee, we will refund any sum you have paid in respect of usage you have not received. That applies equally where the contract ends because Tesla withdraws or restricts access to the Tesla Fleet API, and where either of us ends it after a prolonged event outside our control, as clauses 8 and 9 of our Terms of Service provide.

7. Complaints

If we are unable to reach agreement, please write to support@podee.app and request that the matter be escalated. Your legal rights are unaffected, and you remain entitled to bring proceedings in court; as to which, see the governing law and jurisdiction clause of our Terms of Service. Free consumer advice is available from Citizens Advice on 0808 223 1133 or at citizensadvice.org.uk.