Additional conditions for software optimization and software customization

1. We explicitly inform the customer that in case of a performance increase (and any modification to vehicle control units), the operating license of the vehicle expires, and the vehicle may no longer be driven on public roads according to the German Road Traffic Act (StVO). The customer undertakes to FLAWLESS Industries to immediately obtain an operating license according to §21 StVZO for the entire vehicle. If this obligation is not met, FLAWLESS Industries UG (haftungsbeschränkt) explicitly accepts no liability for any fines or administrative offenses. Some solutions and products may be exclusively and explicitly intended only for export.

2. Verbal agreements outside of this contract are not concluded. Changes and modifications to vehicles participating in public road traffic must be entered in the vehicle documents. The buyer must present the vehicle to the Technical Inspection Association (TÜV) if no General Operating Permit (ABE) is available for the parts. The responsibility for modified vehicles or their parts lies solely with the buyer. Any claims or return rights/complaints to the seller due to non-approval by the TÜV are excluded, unless the seller has expressly guaranteed TÜV conformity in writing, subject to the relevant conditions.

3. The customer is informed and acknowledges that the services, products, and tuning measures offered by FLAWLESS Industries UG (haftungsbeschränkt), as well as the changes made to the vehicle, engine, control unit, or control data during tuning, lead to a change in the performance data of the customer's vehicle. The customer is further informed that the engine and, if applicable, other vehicle aggregates and vehicle parts are exposed to higher stress and strain, and this, due to physical reasons, can lead to increased wear and tear on the customer's vehicle. This can be favored, for example, by other parts that do not correspond to the series. In particular, overstressing and continuous performance, as well as the increase in the top speed of the customer's vehicle achieved through tuning, can affect the lifespan of the engine and its aggregates. We also explicitly recommend using at least Super Plus (98 octane / RON 98) fuel for performance enhancements.

4. FLAWLESS Industries UG (haftungsbeschränkt) is only liable for further damage to the engine or other parts of the vehicle insofar as it is caused by faulty parts installed by FLAWLESS Industries UG (haftungsbeschränkt), i.e., parts that are not functioning properly. In the event of changes to the vehicle software, FLAWLESS Industries UG (haftungsbeschränkt) is thus explicitly only liable for such damage to the vehicle that is caused by grossly negligent or intentional explicit changes to the vehicle software. Liability for damages caused by vehicle software / tuning software / software that corresponds to the current technical standard and current technical development is excluded. Likewise, liability for damages arising due to higher engine stress / incorrect fuel, fuel of inferior quality, or overstressing is excluded.

5. FLAWLESS Industries UG (haftungsbeschränkt) explicitly points out that liability for damages arising from or resulting from the processing of control units, motorcycles, or other activities, for whatever legal reason or claim, is exclusively limited to grossly negligent or intentional actions. In this case, the customer is obliged to prove a grossly negligent or intentional action by FLAWLESS Industries UG (haftungsbeschränkt).

6. FLAWLESS Industries UG (haftungsbeschränkt) explicitly points out that the installation of tuning and software products can lead to the loss of the warranty or guarantee obligation of the vehicle manufacturer or vehicle seller.

7. FLAWLESS Industries UG (haftungsbeschränkt) further explicitly 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, the manufacturer itself receives patches or updates for control units via telematics, among other things, or that the customer has carried out further modifications not corresponding to the series, further adjustments may be necessary after a software optimization or modification, which only appear or become noticeable during customer operation. These may require another visit or a new submission of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) explicitly accepts no liability for vehicle failures, costs incurred due to renewed shipping/delivery such as shipping costs, or travel expenses such as rental cars, fuel costs, overnight accommodation costs, or similar, that arise as a result or costs incurred without prior consultation with FLAWLESS Industries, such as dealer visits within the scope of fault diagnosis or shipping costs.
We further point out that in this context, it may be necessary, for example, to read or delete the fault memory after the flashing process. FLAWLESS Industries UG is under no circumstances liable for costs incurred for deleting the fault memory.

8. The performance enhancement of motor vehicles requires a reclassification with regard to motor vehicle liability insurance and comprehensive insurance. The buyer is solely responsible for ensuring insurance coverage. He indemnifies FLAWLESS Industries UG (haftungsbeschränkt) from any liability in this respect.

9. We assume no liability for control units sent in addition to the engine control unit (such as in case of loss, damage or shipping insurance), as these are not processed by us. If there are questions regarding the exact designation, we will be happy to answer them.

10. If any provision of our General Terms and Conditions and these additional conditions and notes on software optimizations is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that, in a legally effective manner, comes closest economically to the meaning and purpose of the invalid provision. The same applies to any regulatory gaps.