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Additional Terms and Conditions and Information for Software Optimizations by FLAWLESS Shop by FLAWLESS Industries
1. We explicitly inform the customer that with a performance increase (and any modification to vehicle control units), the vehicle's operating license expires, and the vehicle may no longer be driven on public roads according to the German Road Traffic Licensing Regulations (StVO). The customer undertakes towards 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 shall not be liable for any fines or administrative offenses. Some solutions and products may be exclusively and explicitly intended for export only.
2. Verbal agreements outside of this contract are not concluded. Changes and conversions of vehicles participating in public road traffic must be entered into 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 converted 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 assured in writing the TÜV admissibility, taking into account the corresponding conditions.
3. Despite careful checking of vehicle and model data, we cannot always guarantee the technical feasibility of an optimization, especially the reading and writing of the control unit. The background is that deviations in the control unit or the software version installed on it can occur within a vehicle or model status.
The actual feasibility can therefore only be checked upon receipt of the control unit or with the vehicle on site.
Should it turn out, despite prior checking, that a control unit cannot be read or written, FLAWLESS Industries UG assumes no liability for resulting costs, in particular for installation and removal costs, travel expenses, shipping costs or other expenses or claims for damages.
4. 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 as part of the 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 components and parts are exposed to higher stress and strain, and this, due to physical reasons, can lead to increased wear on the customer's vehicle. This can be favored, for example, by parts that do not correspond to the series. In particular, overstressing and continuous performance, as well as the increase in the maximum speed of the customer's vehicle achieved by tuning, can affect the lifespan of the engine and its components. We also expressly recommend using at least Super Plus (98 octane / RON 98) fuel for performance enhancements.
5. For further damage to the engine or other parts of the vehicle, FLAWLESS Industries UG (haftungsbeschränkt) shall only be liable insofar as such damage is caused by faulty, i.e., improperly functioning, parts installed by FLAWLESS Industries UG (haftungsbeschränkt). In the event of changes to the vehicle software, FLAWLESS Industries UG (haftungsbeschränkt) shall therefore expressly only be liable for such damage to the vehicle that is caused by grossly negligent or intentional explicit changes to the vehicle software. Liability for damages due to 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, poor quality fuel, and overuse is excluded.
6. FLAWLESS Industries UG (haftungsbeschränkt) expressly 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 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 (haftungsbeschränkt).
7. FLAWLESS Industries UG (haftungsbeschränkt) expressly 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.
8. FLAWLESS Industries UG (haftungsbeschränkt) 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 receive patches or updates via telematics, among other things, from the manufacturer itself, 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 a renewed visit or a renewed submission of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) expressly accepts no liability for vehicle failures, costs due to renewed shipping/delivery such as shipping costs or travel such as rental cars, fuel costs, accommodation costs or similar, which occur as a result, or costs incurred without prior consultation with FLAWLESS Industries, such as dealer visits for error 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 accepts no liability whatsoever for costs incurred for deleting the fault memory.
9. The performance enhancement of motor vehicles requires a new type approval 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 all liability in this respect.
10. We assume no liability for control units sent in addition to the engine control unit (such as in case of loss, damage, or shipment insurance), as these are not processed by us. If there are questions about the exact designation, we will be happy to answer them.
11. In the event of an optimization / modification / repair of the vehicle software, only the effort to improve or restore the performance or capability is owed. Should the desired success not materialize, in whole or in part, despite careful processing (e.g., due to individual factors of the vehicle or an external test bench), the claim to the full agreed remuneration shall nevertheless remain.
12. The performance data given in the respective products are based on measurements carried out by FLAWLESS Industries UG on its in-house test bench. We explicitly point out that performance data can differ from test bench to test bench. To achieve a meaningful measurement, it is important that the vehicle is measured on the same test bench, under the same vehicle and environmental conditions, both before and after optimization.
A complaint due to deviating performance data on external test benches is generally excluded, as these can be influenced by many factors such as proper calibration, measurement inaccuracies, incorrect operation of the test bench, calculation of drag power, environmental influences such as ambient air pressure and ambient temperatures, but also vehicle-specific factors such as chain wear, mileage, maintenance status, and tolerances in the powertrain in general.
13. Should any provision of our general terms and conditions and these additional terms and conditions and notes on software optimizations be ineffective, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed to be replaced by a provision that comes closest to the economic purpose and intent of the ineffective provision in a legally effective manner. The same applies to any regulatory gaps.