Statement from Tachosoft UK Regarding Customer Accounts, Credits, Brand Rights and Ongoing Legal Proceedings

Tachosoft UK is publishing this statement to explain the circumstances surrounding the loss of access to Tachosoft.com, the disruption experienced by customers, the disappearance of previously purchased customer credits, and the subsequent use of Tachosoft customer data, goodwill and branding in connection with replacement services.

There has understandably been considerable confusion amongst customers about what happened to Tachosoft, why Tachosoft UK ceased being able to service its customer base, and why websites offering substantially similar services subsequently appeared.

This statement is intended to explain Tachosoft UK's position clearly.

Why the Relationship Broke Down

The breakdown of Tachosoft was not simply the result of an ordinary commercial disagreement.

A fundamental dispute developed concerning the nature, legality and future direction of services being offered under the Tachosoft name.

Tachosoft's activities historically included legitimate automotive electronics services and technical work, including airbag-related services.

Over time, however, an increasing emphasis was being placed on digital odometer alteration, mileage correction and associated services.

Tachosoft UK became increasingly concerned about the legal, regulatory and ethical implications of that direction, particularly where technology or services capable of modifying vehicle mileage could potentially be used to misrepresent a vehicle's true mileage.

Tachosoft UK was not prepared knowingly to continue operating, or to permit the Tachosoft name and reputation to be used, in circumstances where it believed the direction of the business could expose it to questionable or potentially unlawful activity.

Attempts were therefore being made to find an amicable solution.

The intention was to establish a workable arrangement whereby the parties could restructure or separate their respective activities while protecting customers, existing customer balances, the Tachosoft brand and the legitimate parts of the business.

That process was never allowed to reach a conclusion.

Before a compromise or orderly separation could be agreed, Rostyslav Tsoka took unilateral action which Tachosoft UK regards as a hostile takeover of the operational platform and customer infrastructure.

Tachosoft UK alleges that access to essential systems, customer records and operational resources was removed or placed beyond its control.

The immediate effect was that Tachosoft UK was no longer practically able to service its own customer base or meet existing obligations to customers.

That distinction is extremely important.

Tachosoft UK did not simply decide to close the business, abandon its customers or cancel its obligations. Its practical ability to continue servicing those customers was removed before an amicable solution could be reached.

Following those events, legal counsel was instructed and formal legal action commenced.

Legal proceedings, related challenges and appeals remain ongoing.

Customer Credits Were Contractually Sold as Non-Expiring

The most immediate consequence for customers concerned purchased credits.

Customers bought Tachosoft credits on the express basis that those credits would not expire.

Those credits were not promotional points or discretionary benefits.

They represented services for which customers had already paid.

Following the loss of operational control, many customers were unable to access their original Tachosoft accounts or use credits they had legitimately purchased.

Tachosoft UK's position is that these customer obligations did not simply disappear.

However, Tachosoft UK was deprived of the operational access required to continue administering customer accounts and honouring those balances in the normal way.

Replacement or duplicate services subsequently appeared offering substantially similar services to substantially the same customer base.

In numerous cases, customers who had already purchased non-expiring Tachosoft credits have subsequently been faced with the prospect of paying again in order to continue obtaining services.

Customers should understand the significance of that.

If you previously purchased non-expiring Tachosoft credits, lost access to those credits, and are subsequently asked to purchase new credits from a replacement service operated by the person who took control of the operational platform, you may effectively be paying a second time for services for which you had already paid.

Tachosoft UK considers this one of the most serious aspects of what has occurred.

Customer Data, Accounts and Goodwill

Rostyslav Tsoka had significant technical involvement in the development and operation of the Tachosoft platform.

That role necessarily provided access to systems, software, databases and customer information.

Technical access, however, did not in Tachosoft UK's position confer ownership of the Tachosoft business, customer relationships, customer accounts, customer credits, goodwill or intellectual property.

Tachosoft UK alleges that following the breakdown of the relationship, customer information and other business assets were taken and subsequently used in connection with replacement services.

Those services have included websites operating under names including tsoftonline and tachosofts.com.

The value of the Tachosoft customer database was not simply the underlying list of names and email addresses.

It represented years of customer acquisition, purchasing relationships, account history, reputation and commercial goodwill developed under the Tachosoft name.

Tachosoft UK regards the alleged unauthorised taking and subsequent commercial use of those assets as an extremely serious matter.

Ownership of the TACHOSOFT Brand and Intellectual Property

There is an important distinction between ownership or control of an internet domain and ownership of the intellectual property associated with the business operating through that domain.

Tachosoft UK owns the intellectual property rights associated with the TACHOSOFT brand.

Rostyslav Tsoka may own, control or have access to certain domain names which historically contained or were associated with the Tachosoft name.

Ownership or control of a domain name does not, in Tachosoft UK's position, confer ownership of the TACHOSOFT brand or an unrestricted right to continue using Tachosoft intellectual property, goodwill or trading identity.

Tachosoft UK has not transferred or licensed to Rostyslav Tsoka ownership of:

• the TACHOSOFT brand;
• Tachosoft intellectual property;
• Tachosoft goodwill;
• the Tachosoft customer base;
• existing customer credits;
• customer relationships;
• or the right to hold himself or any replacement service out as the authorised continuation of Tachosoft UK.

Accordingly, the fact that a person controls a domain previously associated with Tachosoft does not mean that person owns the Tachosoft business or has continuing authority to use the TACHOSOFT brand.

Domain ownership and intellectual-property rights are separate matters.

The continued use of Tachosoft-related domain names, branding, customer goodwill or customer relationships forms part of the wider legal dispute.

Replacement Websites Are Not Necessarily Tachosoft

Customers should not assume that a website is an authorised successor to Tachosoft merely because:

• it recognises their email address;
• it contains information originating from their previous account;
• it offers similar services;
• it uses terminology previously associated with Tachosoft;
• it is operated by somebody formerly involved with the Tachosoft platform;
• or a Tachosoft-related domain redirects customers towards it.

Indeed, the presence of Tachosoft customer information within a replacement service is itself relevant to the dispute concerning what happened to the original customer database.

Tachosoft UK has not authorised any transfer of ownership of its brand, customer goodwill or intellectual property to Rostyslav Tsoka.

Rostyslav Tsoka and Switzerland

Rostyslav Tsoka is a Ukrainian national now understood to be residing in Switzerland.

Tachosoft UK further understands that he is seeking or awaiting Swiss naturalisation.

This information is relevant because of the jurisdiction in which complaints concerning his current conduct may need to be pursued.

Customers wishing to make reports regarding the alleged use of their data, loss of purchased credits, account access or related conduct should therefore be aware that complaints may appropriately be directed to Swiss police or other competent Swiss authorities, in addition to authorities within the customer's own jurisdiction where appropriate.

The reference to nationality is made solely to identify the individual concerned and explain the present jurisdictional circumstances.

Customers Who Have Lost Credits or Account Access

Customers who purchased Tachosoft credits and subsequently lost access to their accounts should preserve all available evidence.

Relevant evidence may include:

• previous Tachosoft account screenshots;
• unused credit balances;
• invoices;
• card or PayPal payments;
• purchase confirmations;
• emails from Tachosoft;
• statements that purchased credits did not expire;
• customer-support correspondence;
• screenshots of replacement websites;
• requests to purchase replacement credits;
• evidence that an existing account has been disabled, removed or rendered inaccessible;
• and communications suggesting that another business is the authorised continuation of Tachosoft.

Customers should not delete historic Tachosoft emails, invoices or payment records.

These records may establish both the amount originally purchased and the contractual basis on which those credits were sold.

Customers who believe their personal data has been used without appropriate authority may also wish to contact their relevant data-protection authority.

Ongoing Legal Proceedings

Legal counsel was instructed after Tachosoft UK lost the operational ability to access and service its customer base.

Legal action concerning these matters remains ongoing.

Related proceedings, legal challenges and appeals are also ongoing, and the underlying disputes have not been finally determined.

Tachosoft UK continues to pursue the legal remedies available to it in relation to its intellectual property, customer data, goodwill, customer accounts, operational assets and the subsequent use of Tachosoft-related domains and services.

Nothing in this statement should be interpreted as suggesting that ongoing proceedings have concluded or as prejudging matters which remain before courts, appellate bodies or other competent authorities.

Tachosoft UK's Position

Tachosoft UK's position can ultimately be summarised simply.

Customers paid Tachosoft for credits.

Those customers were expressly promised that their credits would not expire.

A serious disagreement then developed concerning the future direction of the business and the increasing emphasis on activities which Tachosoft UK considered legally and ethically questionable.

Tachosoft UK attempted to find an amicable way forward rather than knowingly continue under circumstances it considered unacceptable.

Before that compromise could be reached, Tachosoft UK alleges that operational control of the platform and access to the customer base were taken away from it.

This prevented Tachosoft UK from continuing to service customers and honour existing customer obligations.

The customer information and goodwill generated through Tachosoft were subsequently used in connection with replacement services, while customers who had already purchased non-expiring credits were in many cases unable to access what they had paid for.

Tachosoft UK owns the intellectual-property rights associated with the TACHOSOFT brand.

Control or ownership of individual domain names does not transfer those intellectual-property rights and does not, in Tachosoft UK's position, give Rostyslav Tsoka authority to continue exploiting the Tachosoft name, brand, goodwill or customer relationships.

Customers therefore deserve to know the circumstances before deciding whether to provide additional money or personal information to any replacement service.

Tachosoft UK continues to preserve evidence concerning customer accounts, purchased credits, customer data, intellectual property, domains, operational control and the establishment of replacement services.

Legal proceedings and appeals remain ongoing.

Further information will be published when appropriate.