Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

Company: 24-7chiptuningfiles B.V., as further identified in Article 2.

Customer: any natural person or legal entity entering into an agreement with the Company.

Consumer: a natural person acting for purposes outside his or her trade, business, craft or profession.

Business Customer: any Customer acting in the course of a profession or business, including but not limited to tuners, garages, workshops, vehicle traders and other professional parties.

File Service: the service whereby the Company edits, modifies, checks or supplies digital software files for vehicle control units.

Original File: the software file supplied by the Customer and originating from an ECU, TCU or other vehicle control unit.

Modified File / Tuning File: a digital software file modified by or on behalf of the Company.

Credits: digital balance linked to the Customer’s account that may be used to purchase services from the Company.

Portal: the Company’s digital environment in which files, orders, credits, messages and other services are made available.

Vehicle: any motor vehicle or component thereof for which the Customer requests a service or software file.

In Writing: communication by letter, email, portal message or another electronic method that allows the content to be stored on a durable medium.

Cooling-Off Period: the statutory period during which a Consumer may, where applicable, exercise the right of withdrawal.

Agreement: any agreement between the Company and the Customer regarding the supply of products, digital content or services.

Article 2 – Identity of the Company

24-7chiptuningfiles B.V.

Van Utrechtweg 40
2921 LN Krimpen aan den IJssel
The Netherlands

Telephone: +31 (0)180 39 63 41
Email: info@24-7chiptuningfiles.com
Website: www.24-7chiptuningfiles.com

Chamber of Commerce number: 98418505
VAT number: NL868485263B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer, order, assignment and agreement between the Company and the Customer.
These General Terms and Conditions also apply to follow-up assignments and additional work.
These General Terms and Conditions shall be made available to the Customer electronically or in writing before or at the time the Agreement is concluded, in such a manner that they can be stored.
Any general terms and conditions of the Customer are expressly rejected unless the Company has agreed to their applicability in writing.
Deviations from these General Terms and Conditions are valid only if confirmed in writing by the Company.
If any provision of these General Terms and Conditions is void, voidable or otherwise unenforceable, the remaining provisions shall remain fully effective. The parties shall, where possible, replace the relevant provision with a valid provision that most closely reflects its purpose and intent.
Consumers shall at all times retain any rights granted to them under mandatory law. If any provision of these General Terms and Conditions conflicts with mandatory law, such mandatory law shall prevail.

Article 4 – Offer and Information Provided

The Company shall describe its offer as clearly as reasonably possible.
Obvious errors, typographical errors, programming errors, pricing errors or input errors shall not bind the Company.
Stated power, torque and performance figures are indicative unless a specific result has expressly been guaranteed in writing.
Tuning results may vary due to, among other things:

the technical condition of the Vehicle;
mileage;
fuel quality;
ambient temperature;
hardware configuration;
wear and tear;
measurement method;
software version;
transmission;
existing modifications;
maintenance condition;
and tolerances between individual Vehicles.

Before placing an order, the Customer must verify that all Vehicle, ECU, TCU, software and hardware information provided is correct.

Article 5 – Formation of the Agreement

The Agreement is concluded once the Customer has placed an order and the order has been accepted by the Company.
For orders placed through the Portal, electronic confirmation shall serve as evidence that the order has been received.
The Customer is responsible for the accuracy and completeness of all data and files supplied.
The Company may refuse an order if:

insufficient technical information is available;
the supplied file is damaged or unsuitable;
there is reasonable doubt as to whether the assignment can be carried out properly;
the requested service may conflict with applicable laws or regulations;
or the Portal or services are being misused.

Article 6 – Business and Consumer Customers

The File Service is primarily intended for professional users, including tuners and automotive businesses.
A Business Customer is deemed to possess sufficient professional knowledge to:

diagnose Vehicles;
correctly program ECUs and TCUs;
assess technical risks;
interpret datalogs;
and determine whether a Vehicle is technically suitable for tuning.

If a Consumer directly uses the Company’s services, all applicable statutory consumer rights shall remain fully applicable.
Provisions limiting liability or imposing obligations on the Customer shall apply to Consumers only to the extent permitted by law.

Article 7 – Performance of the File Service

The Company performs the assignment on the basis of the information and files supplied by the Customer.
The Company may assume that the Original File supplied actually corresponds to the Vehicle for which the order is submitted.
The Customer is responsible for correctly reading, storing, programming and restoring the Vehicle.
The Company shall not be responsible for problems caused by:

incomplete or corrupted reads;
incorrect ECU or TCU identification;
incorrect software versions;
incorrect use of tuning tools;
voltage loss during programming;
communication failures;
incorrect checksum processing outside the Company’s responsibility;
defective programming equipment;
incorrect writing methods;
or other errors during reading or programming.

If a problem arises after delivery of a file, the Company may request that the Original File be written back to the Vehicle before further investigation takes place.
The Customer must reasonably cooperate with technical diagnosis.

Article 8 – Technical Condition of the Vehicle

The Customer is responsible for assessing the technical condition of the Vehicle before applying a Modified File.
A Vehicle to which tuning is applied must be in good technical condition and appropriately maintained.
Before tuning, the Customer must take into account, among other things:

turbocharger or supercharger;
engine;
fuel system;
injectors;
fuel pump;
ignition system;
cooling system;
intercooler;
clutch;
automatic transmission;
drivetrain;
sensors;
exhaust system;
and emissions-related components.

A component that is already worn, damaged or operating close to its technical limit may fail earlier due to the increased load after tuning.
The occurrence of a defect after tuning therefore does not in itself mean that the defect was caused by the supplied software file.

Article 9 – Increased Load Resulting from Tuning

The Customer understands and accepts that chiptuning and other software modifications may alter the operation of the Vehicle.
Among other things, the following may be increased or modified:

engine power;
engine torque;
boost pressure;
cylinder load;
fuel quantity;
thermal load;
load on clutch and transmission;
load on turbocharger or supercharger;
and load on other drivetrain components.

This increased load may reduce the service life of Vehicle components, particularly where there is existing wear, insufficient maintenance or components operating close to their technical limits.
The Company does not guarantee that Vehicle components will retain the same service life as they would with fully original manufacturer software.

Article 10 – Inspection, Diagnosis and Datalogging

The Business Customer is responsible for carrying out an appropriate technical inspection before and after programming.
Where the technical situation requires it, the Customer must check relevant Vehicle parameters by means of datalogging.
Relevant parameters may include:

requested and actual boost;
fuel pressure;
lambda;
air mass;
ignition;
knock correction;
temperatures;
torque request;
actual engine torque;
wastegate control;
engine speed;
throttle position;
transmission slip;
and fault codes.

If abnormalities are detected, including overboost, fuel pressure problems, detonation, slip, excessive temperature, smoke, limp mode or relevant fault codes, further heavy use of the Vehicle must immediately be stopped.
The Customer must then give the Company the opportunity to investigate the issue.
If the Company requests datalogs in order to assess a complaint or tuning request, the Customer must provide them where reasonably possible.
Continuing to use or heavily load a Vehicle after relevant technical abnormalities have been identified shall be at the Customer’s risk, insofar as permitted by law.

Article 11 – Hardware Modifications and Declared Configuration

The Customer must inform the Company in advance of all relevant hardware modifications.
This includes, among other things, modifications to:

turbocharger;
intercooler;
injectors;
high-pressure fuel pump;
air intake;
exhaust;
catalytic converter;
particulate filter;
camshafts;
engine;
transmission;
fuel system;
sensors;
and other performance-related components.

If the actual Vehicle configuration differs from the information on which the software file was based, the Company shall not be liable for resulting problems, insofar as permitted by law.

Article 12 – Emissions-Related and Other Special Modifications

The Customer is responsible for determining whether the requested software modification may lawfully be performed and used under applicable laws and regulations.
This applies in particular to modifications concerning, among other things:

DPF;
GPF/OPF;
EGR;
AdBlue/SCR;
NOx systems;
catalytic converters;
EVAP;
fault codes;
speed limiters;
and other emissions- or homologation-related functions.

The fact that the Company is technically capable of carrying out a particular software modification does not mean that its use on public roads is legally permitted.
The Customer is responsible for inspections, homologation, registration and compliance with local law.

Article 13 – Right of Withdrawal for Consumers

If the Customer is a Consumer and the Agreement is concluded at a distance, the Consumer generally has fourteen days to withdraw from the Agreement without giving reasons, unless a statutory exception applies.
For services, the withdrawal period generally begins on the day after the Agreement is concluded.
Special statutory rules apply to digital content not supplied on a tangible medium.
If the Consumer requests that the Company commence performance during the withdrawal period, the Company may require the Consumer’s express prior consent.
If the service is fully performed during the withdrawal period and all statutory conditions for loss of the right of withdrawal have been met, the right of withdrawal may lapse.
For digital content supplied immediately, the right of withdrawal may lapse after performance has commenced if the Consumer:

has expressly consented in advance to immediate delivery;
has acknowledged that this means losing the right of withdrawal;
and the Company has provided the legally required confirmation.

If the legal requirements for loss of the right of withdrawal have not been met, the Consumer’s statutory rights shall remain in force.

Article 14 – Credits

Credits represent a digital balance within the Portal.
Credits are linked to the Customer’s account and may not be transferred without the Company’s written consent.
Credits cannot be exchanged for cash unless mandatory law requires otherwise.
Credits may be used for the services for which they are made available in the Portal.
Once a Credit has been used, it will in principle not be refunded if:

the Customer supplied incorrect Vehicle or ECU information;
the Vehicle is found to have a technical defect;
the Vehicle has already been modified or previously tuned;
the Customer supplied an incorrect read;
the requested modification was correctly carried out but the desired result cannot be achieved due to a Vehicle-related technical problem;
or the problem is demonstrably unrelated to the software.

The Company may, at its discretion and acting reasonably, restore Credits in full or in part if an assignment proves technically impossible to perform.
Consumers retain all statutory rights.
Credits are valid for twelve months from the date of purchase unless expressly stated otherwise at the time of purchase and insofar as permitted by law.

Article 15 – Revisions, Support and Remedial Work

If a supplied software file does not function correctly, the Customer must report this as soon as reasonably possible through the designated support channel.
The Customer must first give the Company a reasonable opportunity to inspect and, where necessary, correct the supplied software.
The Customer must provide all information reasonably required for this purpose.
Such information may include:

Original File;
supplied Modified File;
ECU identification;
Vehicle details;
fault codes;
photographs;
diagnostic report;
datalogs;
and a clear description of the problem.

A request for an adjustment based on personal preference does not automatically mean that the original delivery was defective.
Where technically possible, restoring the Vehicle to Original Software may form part of the diagnostic procedure.

Article 16 – Damage to Turbocharger, Engine, Transmission and Other Components

If damage occurs to a turbocharger, engine, transmission, clutch, drivetrain or other Vehicle component after a Tuning File has been applied, the mere timing of the damage after tuning does not mean that there was an error in the software file.
When assessing the cause of damage, relevant factors may include:

age and mileage of the component;
maintenance history;
oil quality and oil pressure;
lubrication;
cooling problems;
existing wear;
boost leaks;
wastegate problems;
actuator problems;
previous tuning;
hardware modifications;
driving style or use;
over-revving;
overheating;
fuel quality;
and pre-existing fault codes.

The Customer must give the Company a reasonable opportunity to carry out a technical investigation before liability is established.
Where reasonably necessary for the investigation, the Customer must retain the defective component and make it available for inspection.
The defective component may not be destroyed or materially altered without consultation with the Company where doing so would make relevant investigation impossible.
Repairs carried out by a third party before the Company has had the opportunity to investigate the alleged cause may be taken into account when assessing whether the cause of the damage can still be reliably established.
The Company does not acknowledge liability solely because a component failed after tuning.

Article 17 – Liability

The Company shall be liable for damage insofar as such damage is attributable under applicable law to a culpable failure by the Company to perform the Agreement.
The Company shall not be liable, insofar as permitted by law, for damage caused by:

incorrect information supplied by the Customer;
a technically defective Vehicle;
existing wear;
insufficient maintenance;
unsuitable or defective hardware;
incorrect programming;
incorrect use of programming equipment;
voltage loss during programming;
modifications made by the Customer or third parties;
incorrect use of the supplied file;
ignoring fault codes or warning signs;
continuing to drive after technical problems have been identified;
or use of the Vehicle outside technically responsible operating conditions.

In relation to a Business Customer, the Company shall not, insofar as permitted by law, be liable for indirect or consequential damage, including:

business interruption;
loss of turnover;
loss of profit;
downtime;
loss of customers;
replacement transport;
towing costs;
third-party labour costs;
third-party investigation costs;
loss of income;
and other consequential commercial losses.

If the Company is liable towards a Business Customer, its liability shall, insofar as permitted by law, be limited to the amount paid out under the Company’s liability insurance in respect of the relevant event, increased by the applicable policy excess where relevant.
If, for whatever reason, no insurance payment is made, liability towards a Business Customer shall be limited to the amount paid to the Company for the relevant assignment, unless applying such limitation would be unacceptable according to standards of reasonableness and fairness or mandatory law provides otherwise.
The limitations in this Article shall not apply to damage resulting from intent or deliberate recklessness on the part of the Company insofar as exclusion thereof is not legally permitted.
In relation to Consumers, liability limitations shall apply only to the extent permitted by mandatory consumer law.

Article 18 – Investigation of Damage Claims

A Customer claiming that a software file caused Vehicle damage must report this to the Company as soon as reasonably possible.
The report should, where available, include:

order number;
Vehicle details;
mileage;
ECU and software identification;
Original File;
supplied Modified File;
date on which the file was programmed;
date on which the problem occurred;
fault codes;
diagnostic reports;
relevant datalogs;
description of Vehicle use immediately before the defect occurred;
information regarding previous tuning;
hardware modifications;
maintenance information relevant to the issue;
photographs of the defect;
and findings of the mechanic or rebuild specialist.

The Company may re-examine the files technically and may have them assessed by an independent third party.
If the cause cannot reliably be established without inspecting the Vehicle or defective component, the Customer may be required to provide reasonable cooperation with further investigation.
Costs incurred by the Customer without prior consultation with the Company shall not automatically be reimbursed by the Company.
Carrying out or paying for technical investigation shall not constitute an admission of liability.

Article 19 – Warranty and Conformity

The Company warrants that the service or digital content supplied shall comply with what the parties agreed.
The warranty relates to the proper performance of the agreed software work and does not constitute a warranty regarding the mechanical condition or service life of the Vehicle.
The Company does not guarantee that a Vehicle will remain free of technical defects after tuning.
The Company likewise does not guarantee that pre-existing defects will not become apparent after tuning.
If there is a demonstrable software-related defect for which the Company is responsible, the Company shall in principle first be given a reasonable opportunity to repair or replace the file.
Consumers retain all statutory conformity rights.

Article 20 – Third-Party Files and Previous Tuning

The Customer must inform the Company if a supplied file is believed to have already been modified by another tuner or software provider.
If the Company works on the basis of a file that has already been modified by a third party, the Company cannot be held responsible for unknown or hidden modifications already present in that file.
Where technically possible, the Company may require that a verifiable Original File first be supplied.
A request to further modify existing tuning from a third party shall, insofar as permitted by law, be at the Customer’s risk to the extent that any problems result from pre-existing modifications.

Article 21 – Intellectual Property and Use of Files

All intellectual property rights in methods, calibrations, documentation, scripts, databases and other materials developed by the Company shall remain vested in the Company or its licensors.
The Customer receives only the right to use the supplied file for the assignment for which it was supplied, unless otherwise agreed in writing.
Without permission, the Customer may not:

resell files of the Company as self-developed calibrations;
publish them;
systematically collect them;
use them to build a competing database;
reverse-engineer them primarily for the purpose of copying the Company’s commercial calibrations;
or make them available to third parties outside the purpose of the assignment.

This Article shall not restrict rights that may not lawfully be excluded under mandatory law.

Article 22 – Account and Portal

The Customer is responsible for maintaining the confidentiality of usernames, passwords and other access credentials.
Actions performed through the Customer’s account shall in principle be deemed to have been carried out by or on behalf of the Customer, unless the Customer demonstrates that unauthorized use occurred and the Company was notified in a timely manner.
The Customer must immediately report suspected misuse or unauthorized access.
The Company may temporarily suspend an account if:

there is a security risk;
misuse is suspected;
payment obligations are not fulfilled;
the system is being abused;
or the Customer acts in breach of these General Terms and Conditions.

Suspension shall not continue longer or extend further than reasonably necessary.

Article 23 – Availability of Digital Services

The Company aims to maintain the highest reasonably achievable availability of the Portal and File Service.
The Company does not guarantee uninterrupted availability.
Temporary interruptions may occur as a result of:

maintenance;
updates;
internet outages;
hosting issues;
cyber incidents;
third-party service failures;
or force majeure.

The Company shall take reasonable measures to remedy serious disruptions.

Article 24 – Delivery Times

Any stated delivery times are indicative unless a specific binding deadline has expressly been agreed in writing.
Delays may arise where additional technical checks or information are required.
A Business Customer is not automatically entitled to compensation if an indicative delivery time is exceeded.
Consumers retain all applicable statutory rights regarding delivery and performance.

Article 25 – Prices and Payment

The applicable price shall be shown before the order is placed or shall be agreed separately.
Unless otherwise stated, prices offered to Consumers include VAT.
Business prices may be displayed excluding VAT where this is clearly indicated.
Payment shall be made by the available payment methods, Credits or another separately agreed payment method.
The Company may require payment before work is carried out.
A Business Customer who fails to pay within the agreed payment period shall, once in default, owe statutory commercial interest and reasonable collection costs insofar as permitted by law.
Consumers are subject to the statutory rules regarding default, interest and extrajudicial collection costs.

Article 26 – Refunds

A paid assignment does not automatically entitle the Customer to a refund where the desired Vehicle result cannot be achieved due to a technical problem with the Vehicle.
In principle, no refund shall be due if:

the Vehicle is found to be defective;
a file has already been modified by third parties;
incorrect Vehicle information has been supplied;
an incorrect read has been supplied;
hardware does not correspond with the declared configuration;
the Customer has work or modifications carried out by third parties without consultation;
or the software work was correctly carried out but a Vehicle-related technical cause prevents the desired result.

If the Company establishes that the requested service was not performed or could not technically be supplied, it may reasonably offer a new delivery, correction, Credit or refund.
This Article does not restrict the statutory rights of Consumers.

Article 27 – Complaints

Complaints must be reported in writing as soon as reasonably possible after the problem has been discovered.
The complaint must contain sufficient information to allow an investigation.
The Company shall deal with complaints within a reasonable period.
If substantive handling requires further investigation, the Company shall inform the Customer accordingly.
A complaint does not automatically release a Business Customer from outstanding payment obligations, except where suspension is justified under applicable law.

Article 28 – Force Majeure

The Company shall not be obliged to perform for as long as performance is prevented by circumstances that cannot reasonably be attributed to the Company.
Force majeure may include, among other things:

internet or network failures;
power failures;
cyberattacks;
hosting provider failures;
failures of software suppliers;
government measures;
fire;
flooding;
epidemics;
war;
strikes;
and failure of essential infrastructure.

If a force majeure situation continues for a prolonged period, either party may terminate the unperformed part of the Agreement insofar as permitted by law.

Article 29 – Amendment of the General Terms and Conditions

The Company may amend these General Terms and Conditions.
An amendment shall apply to Agreements concluded after the effective date of the amended version.
For existing continuing Agreements, amendments shall apply only insofar as permitted under the Agreement and applicable law.
Where a materially adverse amendment is made in relation to a Consumer, the applicable statutory information and termination rights shall be respected.

Article 30 – Personal Data

The Company processes personal data in accordance with applicable privacy legislation and its privacy policy.
The Customer warrants that personal data of third parties supplied through the Portal may lawfully be disclosed to the Company.

Article 31 – Evidence and Digital Records

The Company’s electronic administration, including orders, uploads, downloads, timestamps, Portal messages and technical data, may serve as evidence of transactions and communications, subject to evidence to the contrary.
The Customer is responsible for adequately retaining important files and data.

Article 32 – Disputes and Applicable Law

All Agreements with the Company shall be governed by Dutch law, subject to any mandatory protection enjoyed by a Consumer under applicable international or European law.
The parties shall first attempt to resolve any dispute amicably.
Disputes with Business Customers shall, insofar as permitted by law, be submitted to the competent court in the district where the Company is established, unless the Company elects to submit the dispute to another court having jurisdiction under applicable law.
For Consumers, the competent court shall be determined in accordance with the applicable statutory jurisdiction rules.

Article 33 – Final Provision

These General Terms and Conditions enter into force on the date stated on the first page.
The most recent version shall be made available through the Company’s website or Portal.
For each individual assignment, the version of the General Terms and Conditions accepted by the Customer at the time the Agreement was concluded shall apply, unless a later amendment has validly become applicable to that Agreement.

Terms and conditions