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Terms and conditions ECU-FILES.PL

ECU-Files.pl – Powered by TUNE-GARAGE Sp. z o.o.

§1. General Provisions

  1. These Terms and Conditions define the rules for the provision of electronic services by TUNE-GARAGE Sp. z o.o. with its registered office in Warsaw, at ul. Melchiora Wańkowicza 5B/83, entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number: 1086050, NIP (Tax ID): PL9512588780, REGON: 527656215, share capital: 5,000 PLN, hereinafter referred to as the "Service Provider".

  2. These Terms and Conditions constitute an integral part of the contract concluded with the Client.

  3. Services are provided to:

    • entrepreneurs,

    • sole traders (natural persons conducting business activity),

    • consumers,

    • clients from EU and non-EU countries.

  4. For clients from outside the EU, the provisions of these Terms and Conditions apply unless the mandatory laws of the given country state otherwise.

  5. The governing language of the contract is Polish. Foreign language versions are provided for information purposes only.

§2. Definitions

  • Client – an entity using the services of the Service Provider.

  • Service – the development, modification, or analysis of an ECU software file.

  • Original File – the file read from the vehicle's control unit and provided by the Client.

  • Modified File – the file developed by the Service Provider.

  • Vehicle – the motor vehicle to which the Service pertains.

§3. Scope of Services

  1. The Service Provider provides services in the field of:

    • ECU software modification,

    • TCU software modification,

    • log analysis,

    • technical support.

  2. Services are provided exclusively in digital form.

  3. The Service Provider does not provide mechanical or installation services.

§4. Conclusion of Contract

  1. The contract is concluded upon:

    • acceptance of the order by the Service Provider.

  2. Placing an Order constitutes a declaration by the Client that they:

    • have full rights to dispose of the Vehicle,

    • are acting in accordance with applicable law.

§5. Client Responsibility

  1. The Client bears sole and full responsibility for:

    • the manner in which the Modified File is used,

    • compliance of the Vehicle's use with the laws of the country of registration,

    • the consequences of improper operation of the Vehicle after modification.

  2. The Client acknowledges that:

    • modification may affect the durability of the engine, gearbox, turbocharger, clutch, fuel system, and other components,

    • it may result in the loss of the manufacturer's warranty,

    • it may violate regulations regarding exhaust emissions or type approval (homologation).

  3. The Client undertakes to indemnify and hold the Service Provider harmless against third-party claims arising from the use of the modified Vehicle.

  4. The Client bears full financial responsibility for:

    • incorrect file uploading,

    • damage to the control unit (ECU/TCU),

    • failure to perform a backup,

    • mechanical modifications inconsistent with the declaration.

  5. The Service Provider's liability towards entrepreneurs is excluded to the maximum extent permitted by law.

  6. Towards consumers, liability is limited to the amount of the remuneration for the given Service.

§6. Limitation of Liability

The maximum liability of the Service Provider, regardless of the legal basis, is limited to the amount corresponding to the value of the given Service.

§7. Motorsport Use

Modifications interfering with emission control systems are intended exclusively:

  • for vehicles used in motorsport,

  • for vehicles used off public roads,

  • for testing purposes. The Client declares that they take full responsibility for the compliance of the vehicle's use with local laws.

§8. Payments and Taxes

  1. Prices are provided as:

    • net (for entrepreneurs),

    • gross (for EU consumers – in accordance with VAT regulations).

  2. For clients from outside the EU, additional tax obligations on the Client's side may apply.

  3. Lack of payment results in the suspension of the Service execution.

§9. Governing Law and Jurisdiction

  1. Polish law applies to the contract.

  2. Any disputes shall be resolved by the court competent for the seat of the Service Provider.

  3. For clients from outside the EU, the parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

§10. Intellectual Property

Modified Files constitute the intellectual property of the Service Provider, which, at the time of payment, also becomes the full property of the Client.

§11. GDPR and Data Processing

  1. The data controller is TUNE-GARAGE Sp. z o.o.

  2. Data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).

  3. Details are specified in a separate Privacy Policy.

§12. Right of Withdrawal

  1. In the case of consumers, a digital Service performed before the expiry of 14 days from the conclusion of the contract requires express consent to the loss of the right of withdrawal.

  2. The commencement of the Service execution results in the loss of the right of withdrawal.

  3. The right to withdraw from the Service exists until the moment its execution begins.

  4. The Client is entitled to a full refund of tokens in the event that:

    • The Service status has not been changed to "In Progress."

    • The modification was not completed due to the fault of the Service Provider.

§13. Final Provisions

  1. The Terms and Conditions enter into force on the day of publication.

  2. The Service Provider may change the Terms and Conditions for important legal or organizational reasons.

  3. The invalidity of any of the provisions does not affect the validity of the remaining ones.