License agreement

Before starting the SDPROG software, you should read the content of this document, as it constitutes a legally binding Agreement, the subject of which is the granting of a license to use the SDPROG software. Only after accepting this agreement will you be able to start the software and legally use the program. By using the Application, you confirm that you have read, understood and agree to the terms of this Agreement. If you do not accept any of the provisions of this Agreement, you should close the Application and refrain from distributing or using the SDPROG Application in whole or in any part. Failure to comply with the above terms shall be deemed as full acceptance of all terms of this Agreement.

This license agreement constitutes a binding agreement concluded between the Licensor and a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity and which has obtained the ability to install the Software, hereinafter referred to as the “Licensee”.

This license defines the terms of use of the SDPROG mobile software (hereinafter referred to as the “Software” or “Application”) by the Licensee

I. Definitions of terms:

  1.  Licensor – Nexdiag Sp. z o. o. entered into the Register of Entrepreneurs by the District Court in Rzeszów, XII Commercial Division of the National Court Register under the KRS number 0000656378, with its registered office at ul. Synów Pułku 1, 35-507 Rzeszów, NIP: 517-037-89-87, REGON: 366213070
  2.  Licensee – a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity and who has obtained the ability to install the Software.
  3.  Agreement – software license agreement.
  4.  License – the right to use the Software by the Licensee under the terms specified in this Agreement.
  5.  Object of the license (Software) – SDPROG mobile application for reading information from the car using the OBD II diagnostic system, which connects to the car via the interface. The installation version of the software is made available via the website https://sdprog.com , https://play.google.com, https://itunes.apple.com/ or https://appgallery.huawei.com/ as well as available on original CDs / license cards. The terms of payment as well as the terms of the license agreement are specified in this agreement. Further resale of the program (activation code or activation code with CD / license card) is possible only with the written consent of the Licensor.
  1.  Activation code – a unique combination of numbers and letters assigned for each CD with software / license cards or transmitted by the Licensor in an electronic version, allowing for proper use of the software and new updates. Payment terms for the activation code have been determined by the Licensor on the website https://sdprog.com.
  2.  MySDPROG – a platform created by the SDPROG software manufacturer that allows users to register the purchased license key.

II. Conclusion of the Agreement:

  1. This Agreement is concluded when the Licensee first installs or runs the Software or begins to use the Software in any other manner.
  2. By installing, running or otherwise using the Software, Licensee represents and warrants that it will comply with and be bound by the terms of this Agreement.
  3. In order to activate the Software license code, it is required to register it on the MySDPROG platform at www.mysdprog.com (create an account and enter the license code). Failure to register the purchased license key on the MySDPROG platform will prevent you from using the Software.
  4. If the Licensee does not agree to the terms of this agreement, the Licensee is obligated to remove the Software.
  5. The agreement is concluded for an indefinite period. The agreement does not require the signatures of binding parties.

III. Copyright:

  1. The Licensor hereby declares that it is entitled to the proprietary copyrights to the Software.
  2. All rights to the Software and to any copies of this Software, including, without limitation, title and patent rights, copyright, trademark, trade secret and other intellectual property rights, remain the exclusive property of the Licensor. The Licensee may not remove, cover or change any copyright, trademark or other proprietary notices from the Software. In the event of a breach of the above point, the Licensee shall pay a contractual penalty of PLN 20,000.
  3. The Software does not infringe the intellectual property rights of third parties.
  4. The software is protected by the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, as amended ) and the provisions of international agreements on the protection of intellectual property rights binding on Poland. The Licensor has protection right No. 265889 for the SDPROG trademark.

IV. Granting and Scope of License:

  1. Licensor hereby grants to Licensee, subject to continued compliance with the terms of this Agreement, a non-exclusive, non-transferable, non-sublicensable and non-assignable right to use the Software in the manner contemplated by the Agreement.
  2. Use of the Software for any purpose other than that indicated in this license is prohibited.
  3. The Licensor reserves all rights not expressly granted to the Licensee. The Licensee does not acquire ownership of the Software, nor is he entitled to allow third parties to use the Software and the activation code.
  4. The Licensee may not, either by himself or by any third party:
    a) use the Software in whole or in any part to a greater extent than expressly permitted by this license, b) reverse engineer, decompile, reverse engineer or disassemble the Software, c) modify the Software, make any adaptations, changes to the Software’s layout or make any other changes to the Software, d) correct any errors in the Software or entrust any third parties with the correction of any errors in the Software, e) attempt to remove, break or bypass technical protections against unauthorized sharing, running, duplication or distribution of the Software, f) resell, reproduce or distribute the Software and the activation code in any way and for any purpose. In particular, he may not make copies of this software, the activation code and make them available on the network, where many users could use them at the same time and make this software and the activation code available on the network for downloading.
    g) distribute, make available, rent, lease or lend the Software and the activation code available therefor in any way.
  5. The Licensee is entitled to:
    a) install the Software on one type of device , i.e. laptop or desktop computer, tablet, phone.
    b) make one archival copy and backup copy of the Software, c) use the Software in accordance with its intended purpose.
  6. The scope of services available in the Application is specified in Annex 1 to the Agreement.
  7. The Licensor may change the scope of services available in the Application, as well as introduce additional fees for using some of the services (purchase of subscription), after prior notification to the Licensee.
  8. Subscription fees will be charged in accordance with the price list specified in the Application or on the website https://sdprog.com
  9. Refunds for subscriptions are only possible in cases provided for by the Licensor’s refund policy and applicable law.
  10. If your subscription automatically renews, you must cancel your subscription before the end of the billing period if you do not wish to incur further charges.

V. Limitation of Licensor’s Liability:

  1. Licensor makes no warranties, representations or promises other than those expressly set out in this Agreement, and Licensee assumes all risks arising from the results of the use of or inability to use the Software.
  2. To the extent permitted by applicable law, the Licensor shall not be liable for any direct, indirect or incidental losses or damages, including, but not limited to, loss of income, unrealized cost reductions, loss of data or increased costs to the Licensee or any other financial losses resulting from obtaining the license, use, failure or interruption of the Software, or incorrect information about faults transmitted by the program. The above limitation of liability also applies if the Licensor has been informed of the possibility of such losses. The Licensor shall be liable only for loss or damage caused by its gross negligence or wilful misconduct. The limitation of liability applies to all claims for compensation for loss or damage, regardless of their legal basis, including, but not limited to, tort, contract, preliminary agreements and legal relationships similar to contractual (quasi-contracts).
  3. The Licensor declares that the program readings as well as the available technical documentation are for informational purposes only and cannot be treated as a method for carrying out repairs or replacing parts.
  4. The Licensor declares that the Software, after its launch, saves on the device the history of communication with the vehicle, as well as data concerning the Application and the device. The Application may record technical and statistical data, such as the source of installation, clicks on promotional links, activity in the Application and other information used to improve the operation of the Application and traffic analysis. This data is processed anonymously and is not linked to specific personal data of the user. The Application may use external analytical tools, such as Google Firebase, in accordance with their privacy policy:
    https://policies.google.com/privacy .
  5. The Licensor declares that in connection with the launch of the Software by the Licensee and after confirming the “send log” function, the program will load data to the e-mail account, through which it will automatically send to the Licensor the saved history of communication with the vehicle/vehicles, list of commands, identifiers/number(s) of electronic controllers, VIN number, type and model of the device, information on fault code numbers and sensor readings, Application version, interface version, user’s e-mail address, additional information provided by the user, including name and surname, address (if provided).
  6. The Licensor declares that in connection with the launch of the Application by the Licensee, the program will automatically send to the Licensee (without launching additional program options) information regarding device operation errors or device connection errors with the car.
  7. The Licensee declares that he or she consents to the processing of information specified in points 4, 5, 6 and their collection in order to improve the functioning of the Application.

VI. Final provisions:

  1. The Licensee may not transfer all or part of the rights or obligations arising from this Agreement, in particular the right to use the Software, to any third party without the prior consent of the Licensor expressed in writing under penalty of nullity.
  2. The Licensee may not provide third parties or an unlimited number of people on the Internet with the activation code received from the Licensor. In the event of a breach of the above provision, the Licensee will be obliged to pay a contractual penalty of PLN 20,000. The above does not exclude the Licensor from seeking compensation exceeding the amount of the established contractual penalty.
  3. If the Licensor determines a violation of point VI.2, it is entitled to deactivate the provided activation code.
  4. The Licensor shall not be liable for events resulting in the Licensee losing the activation code. In such a case, the Licensor shall not provide the activation code again, unless the Licensee re-purchases the Software together with the activation code.
  5. Licensor may change the terms of use of the Software to the extent permitted by law, by informing Licensees of the changes 14 days in advance. If the changes are unfavorable for the Licensee, Licensor will notify them by means such as e-mail.
  6. If the Licensee does not object to changes to the Agreement within the specified time, it is deemed that the Licensee has agreed to the new terms of use of the Software.
  7. If the Licensee does not agree to the changes in the Agreement, he or she may stop using the Software and terminate the Agreement by informing the Licensor by e-mail.
  8. The law applicable to the Agreement is exclusively Polish law. In matters not regulated by this Agreement, the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended ) and the Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006, No. 90, item 631, as amended ) shall apply.
  9. Any disputes related to or arising from this Agreement shall be resolved by common courts having local jurisdiction over the seat of the Licensor.
  10. The Agreement in its current wording is effective from … April 2025.

Annex No. 1 to the License Agreement

Scope of services/functions available in the Application

Basic functions:

OBDII/EOBD functions (diagnostics, parameters, diagnostic monitors, battery mode, race mode, acceleration mode, g-sensor, clocks)

Functions in service mode: reading, deleting fault codes in all modules, reading current parameters in the engine module.

functions : report generation, reading parameters in all modules, deleting oil and service inspections, testing actuators, coding, adaptations, settings, changing the vehicle configuration, garage and last selected vehicle function, other forms of presenting current parameters, data export, controller data identification .