Terms of Use

OVERVIEW

Welcome to the https://bowisengineering.com/ website (the “Site”) owned by Bowis Engineering LLC (“Owner,” “we,” or “us”). The following Terms of Use (“TOU”), along with the End User License Agreement (“EULA”) [https://bowisengineering.com/eula] and Privacy Policy [https://bowisengineering.com/privacy] are terms of a legal agreement between you and Owner (the “Terms”) regarding your use of the Site and the Bowis Engineering CAN-Parse application (the “App”). By accessing, browsing, or using the Site, or by downloading the App, you acknowledge that you have read, understood, and agree to be bound by the Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to the Terms, please do not use the Site or the App (together, the “Services”).

The material provided on and through the Services is protected by law, including, but not limited to, United States copyright, patent, trademark, trade secret, and other intellectual property laws, and international treaties. Owner makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Owner may at any time revise these TOU the Terms by updating this posting or other Terms. If Owner makes such revisions, you will be notified (a) via email at least 30 days prior to the updates going into effect if Owner has an email address on file for you; (b) via a popup notice of the pending update within the App if you open the App within 30 days prior to the updates going into effect; (c) via a popup notice within the App on or after the date of the update, depending upon when you next open the App; and/or (d) via a notation that the Terms of Use or other Terms are being updated 30 days prior to the update, and that they are new for at least 30 days following the update, next to the link to the relevant Terms. A notice of the last date of revision or TOU version number will always appear at the bottom of these Terms of Use. Your continued use of the Services constitutes your consent to any updates to the Terms.

BETA TESTING 

The Services are currently in beta testing. The purpose of the beta testing is to locate and correct any errors in the functionality of the Services. Owner cannot make any warranties or guarantees about the functionality, security, or safety of the Services during beta testing. You use the Services “as is” and at your own risk during beta testing. 

In exchange for your early access to the App as a beta tester, you agree that you will keep Owner’s Confidential Information confidential. Owner’s Confidential Information includes all non-public information you receive as a beta tester, including but not limited to the App, the source code and object code for the App (excluding open-source components), and the contents of the App.

If you are not comfortable with acting as a beta tester, please do not use the Services until beta testing is complete. Should you encounter any errors during beta testing, please let us know by contacting us at support@bowisengineering.com. Your assistance is appreciated.

PERMISSIBLE USE

Excluding the User Data and the Third-Party IP as defined below, the Services and the content contained within the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Owner’s prior written consent. The structure, organization, and original code of the App are the valuable trade secrets and confidential information of Owner. Owner grants you a non-exclusive, non-transferable, limited, and revocable permission to access and display the Site and, if you have purchased a license, to use and display the App on one device at a time, for your use of the Services.

Owner further grants you a limited, nonexclusive, and revocable right to create a hyperlink to the Site so long as the link does not portray Owner, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed within the App or on the Site, your keeping intact all copyright, trademark, patent, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Services.

You may not use the Services in a manner that violates any local, state, national, foreign, or international law or regulation. You may not interfere with the functioning of the Services or with other users’ use of the Services or of a vehicle in any way, including but not limited to modification of the Services; attempting to gain access to unauthorized portions of the Site or the App; attempting to reverse-engineer the App; enabling high volume, automated, electronic processes that apply to a vehicle, the Services, Owner’s systems, the content of the Services, or any portion or derivative thereof; or attempting to gain access to or block others’ use of other accounts, computer systems or networks connected to the Services, whether through hacking, password mining, or any other means.

You may not use the CAN-Parse name, Bowis Engineering name, or any other trademarks, services marks, or logos belonging to Bowis Engineering in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers, or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate, or otherwise use data extracted from the Services. 

The Services are not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Services.  Furthermore, the Site does not knowingly solicit or collect information about children under the age of 18. Should Owner learn that it has inadvertently collected information about a child under the age of 18, it will delete that information as soon as possible.

Your failure to comply with the terms, conditions, and notices on the Site or in the App will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials, including the App, in your possession or control. Except for the limited permission in this section, Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, trade secret, or other proprietary or intellectual property rights.

LICENSING

Although you can download the App for free, you will not be able to access the software functions unless you purchase a license to the Services and log into the App. You will also not be able to access the Services dashboard on the Site without purchasing a license and logging into the Site. You can purchase a license on the [CAN-Parse Page].

USER DATA

You can use the Services to monitor Controller Area Network (CAN) data regarding internal networking traffic in automobiles. Optionally, you can create recordings of the traffic data and save them along with the date and test number[A2] [J3] [J4] [J5] . These recordings can be kept on the mobile device you are using the App on, and you can send these files by e-mail to others. These recordings, along with all other CAN data accessed through the App (the “User Data”), belong to the user who created them, or the user’s employer. Owner makes no claim to these data files.

THIRD-PARTY IP

The Services integrate information and technology from third parties that are not owned by Owner (the “Third-Party IP”). The Third-Party IP includes:

1) The Qt framework under the terms of the GNU Lesser General Public License v. 3 ("LGPL"). Qt is copyright by The Qt Company and/or its subsidiary(-ies) and other contributors. For additional information regarding these open-source elements, please see [LGPL Page].

2) The SAE J1939TM Standard - Recommended Practice for a Serial Control and Communications Vehicle Network, which the Services make use of in order to read and interpret the CAN data. You can learn more about the SAE J1939 Standard on the SAE International website.

DISCLAIMERS REGARDING CONTENT

Information provided through the Services is not promised or guaranteed to be correct, current, or complete, and the Services may contain inaccuracies or typographical errors. Owner assumes no responsibility (and expressly disclaims responsibility) for updating the Services to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Services is inaccurate or incomplete, please let Owner know by emailing support@bowisengineering.com.

Owner provides no assurances that any reported problems will be resolved, even if Owner elects to provide information with the goal of addressing a problem.

CONFIDENTIAL INFORMATION AND SUBMISSIONS

The Services do not collect confidential information from you, except to the extent that you submit it via email or other means. Owner does not want to receive confidential or proprietary information from you through the Site, the App, email, or other means. Therefore, any information or material sent to Owner (each a “Submission”) will be deemed NOT to be confidential. For example, if you create a human-readable file that allows the App to read a specific battery type and submit it to the file library by emailing it to Owner, that file is a non-confidential Submission. By sending Owner any Submission, you grant Owner an unrestricted, irrevocable, and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that Submission. You also agree that Owner is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Confidential information and Submissions are not the same as personally identifiable information. To learn about how we collect, use, and protect personally identifiable information, please refer to the Privacy Policy [bowisengineering.com/privacy].

OUTSIDE WEBSITES

The Services may provide links or references to other websites and resources. Owner does not own or control these third-party websites, and these Terms do not apply to them. Owner makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Services. A link to a third-party website does not mean that Owner endorses the content or use of such website or its owner. In addition, Owner is not a party to or responsible for any transactions you may enter into with third parties, excluding its vendors described in the Terms, even if you learn of such parties (or use a link to such parties) from the Services. Accordingly, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.

When you access a third-party website, even one that may contain the Owner name or logo, please understand that it is independent from Owner, and that Owner does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

INTELLECTUAL PROPERTY

The collections and information featured on the Services are produced, distributed, and owned by Owner. The images and information published on the Services are the intellectual property of Owner.  You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Owner owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, attempt to reverse-engineer, or in any way exploit any Owner intellectual property, in whole or in part.

The CAN-Parse name, the Bowis Engineering name, and [the Shield & Torch logo]are trademarks of Owner. These, along with any other trademarks, service marks and logos used and displayed on the Services are registered and unregistered trademarks of Owner. Nothing in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Services, without the prior written permission of Owner. Owner aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Owner’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Services, if any, may be the trademarks of their respective owners.

All rights reserved.

DISCLAIMER OF WARRANTY

USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OWNEREXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICES WILL BE BUG-FREE OR ERROR-FREE. WITHOUT LIMITATION, OWNER MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. 

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL OWNERBE LIABLE TO ANY PARTY FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, ECONOMIC, COVER, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE SERVICES, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SERVICES, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH JURISDICTIONS, OWNER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE YEAR PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

INDEMNIFICATION

As a condition of the use of the Services, you agree to indemnify and hold harmless Owner, its officers and employees, its subsidiaries and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever which may in any way arise from your use or misuse of the App or the Services, your violation of any law or regulation, your willful misconduct, any other party’s access to the App or the Services using your account credentials, any breach or alleged breach of the Terms by you, or any Submission (as defined in the TOU) you make to Owner. Owner shall retain control over the defense of, and any resolution or settlement relating to, such loss. You will cooperate with Owner and provide reasonable assistance in defending any such claim.

DISPUTES

You agree that any claim or controversy arising out of or relating to the Services, or to any acts or omissions for which you may contend Owner is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. The arbitration shall be venued in Minneapolis, Minnesota, and shall apply the laws of the State of Minnesota, excluding its conflicts of laws provisions. Arbitration will be conducted under the rules of the American Arbitration Association ("AAA"). The parties will jointly agree upon a neutral arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OWNER WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Services and by purchasing a license under the Terms, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Owner, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hennepin County, Minnesota. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Last revised: 4/24/2025.