Additional terms and conditions for software optimizations by FLAWLESS Shop by FLAWLESS Industries
1. We expressly point out to the customer that any increase in performance (and any modification to vehicle control units) will invalidate the vehicle’s operating license and that the vehicle may no longer be driven on public roads in accordance with the German Road Traffic Regulations (StVO). The customer undertakes to FLAWLESS Industries that they will immediately obtain an operating license in accordance with §21 StVZO (German Road Traffic Licensing Regulations) for the entire vehicle. If this obligation is not fulfilled, FLAWLESS Industries UG (limited liability) expressly accepts no liability for any fines or administrative offenses. Some solutions and products may be exclusively and explicitly intended for export only.
2. No verbal agreements outside of this contract have been made. Modifications and conversions to vehicles that are used on public roads must be entered in the vehicle documents. If no general operating permit (ABE) is available for the parts, the buyer must present the vehicle to the Technical Inspection Association. The buyer is solely responsible for modified vehicles or their parts. Any claims or rights of return/complaints against the seller due to non-approval by the TÜV are excluded, unless the seller has expressly guaranteed TÜV approval in writing in accordance with the relevant requirements.
3. The customer is advised and acknowledges that the services, products, and tuning measures offered by FLAWLESS Industries UG (limited liability), as well as the modifications made to the vehicle, the engine, and the control unit or control data as part of the tuning, will result in a change in the performance data of the customer’s vehicle. The customer is further advised that the engine and, if applicable, other vehicle components and parts are exposed to higher stress and strain, which, for physical reasons, can lead to increased wear and tear on the customer’s vehicle. This can be exacerbated, for example, by other parts that are not standard. In particular, excessive strain and continuous performance, as well as the increase in the maximum speed of the customer’s vehicle achieved through tuning, can affect the service life of the engine and its components. We also expressly recommend using at least Super Plus (98 octane/ROZ 98) fuel when increasing performance.
4. FLAWLESS Industries UG (limited liability) is only liable for further damage to the engine or other parts of the vehicle to the extent that it is caused by defective parts installed by FLAWLESS Industries UG (limited liability), i.e., parts that do not function properly. In the event of changes to the vehicle software, FLAWLESS Industries UG (limited liability) is therefore expressly liable only for damage to the vehicle caused by grossly negligent or intentional explicit changes to the vehicle software. Liability for damage caused by vehicle software/tuning software/software that corresponds to the current state of the art and current technical developments is excluded. Liability for damage caused by increased engine stress/incorrect fuel, poor-quality fuel, or overuse is also excluded.
5. FLAWLESS Industries UG (limited liability) expressly points out that liability for damage caused by or resulting from the processing of control units, motorcycles, or other activities, for whatever legal reason or claim, is limited exclusively to gross negligence or intentional acts. In this case, the customer is obliged to prove gross negligence or intentional acts on the part of FLAWLESS Industries UG (limited liability).
6. FLAWLESS Industries UG (limited liability) expressly points out that the installation of tuning and software products may lead to the loss of the warranty or warranty obligation of the vehicle manufacturer or vehicle seller.
7. FLAWLESS Industries UG (limited liability) further expressly points out that tuning—regardless of whether it involves software or hardware modifications—can be or is a development process. Since it cannot be ruled out that, for example, control units may receive patches or updates via telematics from the manufacturer itself, or that further modifications not corresponding to the series have been carried out by the customer, further adjustments may be necessary after software optimization or modification, which only occur or become noticeable during customer operation. These may require a return visit or a new condition of the control unit. FLAWLESS Industries UG (limited liability) expressly accepts no liability for vehicle breakdowns, costs incurred as a result of re-shipping/resending, such as shipping costs or travel expenses such as rental cars, fuel costs, accommodation costs, etc., or costs incurred without consulting FLAWLESS Industries, such as visits to dealers for fault diagnosis or shipping costs.
We would also like to point out that it may be necessary, for example, to read or delete the error memory after the flash process. FLAWLESS Industries UG is in no way liable for any costs incurred for deleting the error memory.
8. The performance enhancement of motor vehicles requires reclassification with regard to motor vehicle liability insurance and comprehensive insurance. The buyer is responsible for ensuring that insurance coverage is maintained. In this respect, the buyer indemnifies FLAWLESS Industries UG (limited liability) from any liability.
9. We accept no liability for control units sent in addition to the engine control unit (e.g., in the event of loss, damage, or shipment insurance), as these are not processed by us. If you have any questions regarding the exact designation, we will be happy to answer them.
10. If any provision of our General Terms and Conditions or these additional terms and conditions and notes on software optimizations is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes in the provisions.