1. General
1.1. Tuning24.org is operated by the company under the name "Upscale Msdn Co. Ltd." based in Giannou Kranidioti 30, Orphanides Building Suite No 2, 3rd Floor, Office 301-302
6045 Larnaca, Cyprus, with VAT number CY10414751O and registration number HE 414751, Tel.: +35724024150 (no technical support), E-mail address: [email protected] (hereinafter the "Tuning24.org and/or Company").
1.2 The following terms and conditions cover exclusively any sale of products and / or services through the Company's website, www.tuning24.org (hereinafter the "Website"). Any other Terms and Conditions are expressly excluded. Any User who enters and transacts or makes use of the services of the Website (hereinafter referred to as the "Customer" or "User" respectively) is considered to consent and unreservedly accepts the terms set out here, without exception. If a User does not agree with these terms, he/she must refrain from using the Website.
1.3 Tuning24.org provides Users with the ability to use its products and services under the terms of this User Agreement (hereinafter "the Agreement", "User Agreement"). This Agreement will be effective upon the express consent and acceptance of the User pursuant to clause 1.6 of this Agreement.
1.4. Tuning24.org offers Users access to services such as downloading, uploading, analysing and modifying tuning files. All currently available services as well as their development and / or supplementation of new services are subject to the terms and conditions of this Agreement.
1.5. Use of Tuning24.org services is governed by this Agreement and the Privacy Policy and the Terms of Use of certain services. This Agreement is subject to change without notice by Tuning24.org, and a new revision of this Agreement will be effective if it is published online at the Internet address specified in this paragraph, unless otherwise specified in the new revision of this Agreement. The current revision of this User Agreement is available at any time at tuning24.org/termsandcontiditions
1.6. If you begin using the Website, it’s services or undergo the registration process for opening a User Account as specified herein below, it is assumed that the User has fully accepted the terms of this Agreement without any limitations or exceptions. If Tuning24.org makes any changes to this Agreement under clause 1.5 and the User disagrees, the User will have the option to cease to use Tuning24.org services.
2. User Registration. User Account.
2.1. To use certain Tuning24.org services or certain specific features of services, the User must complete the registration to create their personal account.
2.2. Upon registration, the User must provide valid and complete information in the registration form and update it regularly. If the User provides invalid information or if Tuning24.org has reason to believe that the information provided by the User is incomplete or invalid, Tuning24.org may, in its sole discretion, suspend or delete the User's account or deny to provide any services to such User (and/or certain features).
2.3. Tuning24.org reserves the right to require the User at any time to check the information provided during registration and to provide supporting documents. Failure to provide such documents may, at Tuning24.org's discretion, be considered as providing invalid information and will result in consequences under clause 2.2 of this Agreement. If the information provided by the User does not match the information provided during registration or if the information provided during registration does not identify the User, Tuning24.org reserves the right to suspend and/or delete the account.
2.4. Any personal information of the User contained in the User Account shall be stored and processed by Tuning24.org according to the Privacy Policy, available at any time at tuning24.org/privacypolicy.
2.5. User Account:
2.5.1. Upon registration, the User must provide a valid email address (used as a login) and a password to access the account. The User must also confirm this when registering. After registering, the User receives a confirmation e-mail, and then activates his User Account with the reply from the confirmation e-mail. Tuning24.org can prohibit the use of certain logins and set other login and password requirements (length, permissible symbols, etc.).
2.5.2. By confirming the activation of the account through email, the User is also confirming that he/she has read, understood and accepted the present Terms and Conditions and/or the Privacy Policy of this Website.
2.6. The User is responsible for the security of the selected access routes to his account and for the confidentiality of such means. The User is responsible for all actions (and their consequences) in and with Tuning24.org services through the User's account, including the voluntary transmission of information by the User to access the User Account to third parties under conditions (including through contracts or agreements). All acts in or with Tuning24.org services that are performed through the User Account are considered User-Excluded, except in cases where the User has unauthorized access to Tuning24.org as described in clause 2.7 and / or any other breach (alleged violation) of the confidentiality of the selected access to his / her account.
2.7. The User shall promptly notify Tuning24.org of any unauthorized (not user-permitted) access to Tuning24.org services through the User's account and / or any breach of (allegedly infringing) the confidentiality of the selected access to his / her account. For security reasons, the User must log out of Tuning24.org after completing each session (Logout button). Tuning24.org is not responsible for the potential loss or corruption of information and/or for any other consequences arising out of the User's failure to comply with this part and/or any other part of this Agreement.
2.8. You may not reproduce, duplicate or copy, sell, resell, or use for any purpose any part of Tuning24.org services and/or products (including content made available to Users through services) or access to Tuning24.org services, unless Tuning24 has approved this in writing and in advance. The entire content of the Website, including distinctive titles, marks, images, graphics, photographs, drawings, texts, etc. are the intellectual property of the Company and are protected by the relevant provisions of the Republic of Cyprus Law, European law and international conventions or intellectual property of third parties for which the Company has been licensed for its own exclusive needs and for the operation of the Website. In addition, any software and/or files and/or code available for downloading from this Website is and shall remain the intellectual property of the Company.
Any copying, transfer or creation of derivative work based on this content or misleading the public about the actual provider of the service or product is prohibited. The reproduction, dissemination, transmission, retransmission of the material, or any other use of the content in any way or means for commercial or other purposes is permitted only with the prior written consent of the Company or any other copyright holder.
In particular, the names, images, logos and distinctive features representing the Website are exclusive trademarks or copyright material of the Company or third parties respectively protected by the relevant trademark laws. Their appearance on the site should in no way be construed as a transfer or assignment of a license or right to use them.
2.9. User Account Termination:
2.9.1. Tuning24.org may suspend, block and/or delete the User's account or prohibit access to certain Tuning24.org services, including but not limited to, in case the User violates any of the terms of this Agreement or in case the account is inactive for a long period of time or due to nouse of a particular service.
2.10. The User may at any time delete his account from Tuning24.org or, if available, terminate the account with respect to certain services. To delete an account, the User must send a request to this email address: [email protected].
3. General Usage
3.1. Tuning24.org may set restrictions on the use of services for all Users or specific categories of Users (depending on the location of the User, the language of the service, etc.), including: availability / unavailability of certain service functions, period of storage of tasks or files and any other content, maximum number of tasks or files by a registered user, maximum size of a file or disk space, maximum number of service usages in a given period of time, maximum storage time of content, special downloadable content parameters, etc. Tuning24 .org can make automatic requests prohibit its servers and stop accepting automatically generated information.
3.2. Tuning24.org can send informational messages and/or newsletters to their Users, however, the User has the right to opt out from receiving such informational messages and/or newsletters by sending an email to [email protected].
4. User Content
4.1. The User is responsible for complying with all applicable user-submitted content, including the responsibility to third parties, if the publication of content or its content by the User is based on the rights and legitimate interests of third parties, including personal non-proprietary rights, copyrights, other intellectual property rights of third parties and / or interference with other intangible assets.
4.2. The User acknowledges and agrees that Tuning24.org may use the User Content at its sole discretion and that it may reproduce the User Content to meet the technical requirements of a particular service.
5. Terms of Tuning24.org - Service of Use
5.1. The User is responsible to third parties for all actions related to the use of Tuning24.org, including any actions that result in infringement of the rights and legitimate interests of third parties, as well as compliance with the laws governing the use of the Tuning24.org service.
5.2. When using Tuning24.org the User is not allowed to:
5.2.1. Violate the rights of third parties, including minors and / or cause damage in any way.
5.2.2. To pretend to be another person or representative of an organization and / or community without being authorized to do so.
5.2.3. support any act in order to violate the restrictions and prohibitions set forth in this Agreement;
5.2.4. Not violate legal norms, including any national and/or international law.
6. Exclusive Rights to Services and Content
6.1. All objects available through Tuning24.org services, such as trademarks, design elements, ECU files, text, graphics, illustrations, videos, software, databases, and in general any other objects and/or copyrightable material, are the exclusive property and shall remain the exclusive property of Tuning24.org and/ or its owners. In the event of Tuning24 being sold, all exclusive rights to services and content shall automatically become and remain the exclusive property of future owners of Tuning24.
7. No Guarantees, Limitation of Liability
7.1. The User uses Tuning24.org services at his own risk. Services are offered as described and as planned. Tuning24.org assumes no responsibility, including for the compliance of the services with the User's intention, unless such intention is communicated to Tuning24.org in advance and Tuning24.org has provided special and/or custom services and/or products in this regard.
7.2. We point out that the tuning software, especially the disabling of the exhaust-related functions are not allowed in every country. The verification is the responsibility of the Customer whether he may use them in his country. It is expressly declared that Tuning24.org shall not be held responsible, under any circumstances, to compensate and/or indemnify any Customer for any damage caused due to the fact that the use of any of the products and/or services of this Website are considered illegal in the User’s country.
7.3. Tuning24.org does not guarantee that:
(a) the products and/or services will meet the User’s requirements, unless such products and/or services are produced after prior custom order of a particular User for a particular purpose;
(b) our services are provided without interruptions, promptly, sustainably and without error;
(c) that the results obtained with the use of the products and/or services are accurate, reliable and can be used for any purpose or in any manner whatsoever (e.g. identifying and / or verifying facts); (d) that the quality of products, services, information, etc. received through the Website meets the User's expectations.
7.4 In no event will Tuning24.org be liable to the User, or any of its representatives or clients or any third party whatsoever for any lost revenue and/or lost profits, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or of any equipment or materials, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
7.5 While Tuning24.org services are provided by connectivity via the internet, Tuning24.org does not and cannot control the flow of information to or from internet data centres to other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties, therefore, Tuning24.org disclaims any and all liability resulting from or related to such events.
7.6 Tuning24.org shall not be held liable for compensating the User and/or any of its clients in relation to any matter that might arise out of or in connection to the dealings between the User and a client.
7.7 Tuning24.org shall not be liable for the User's loss or damages due to delay in delivery or nondelivery of any part of the services resulting from any causes beyond reasonable control of the Tuning24.org, including but not limited to, restrictions from any laws and regulations relating to COVID 19 pandemic or other pandemics, orders, acts, instructions or priority requests of governments, acts of God, earthquakes, fires, floods, unusual weather, nuclear disaster, strikes, stoppages, sickness, lockouts, other labour or industrial disturbances, civil disturbances, wars, warlike conditions or electricity shortages.
7.8. All information and / or materials (including controller files, downloadable software, messages, instructions, and policies, etc.) that the User purchases and/or accesses through Tuning24.org may be used by the User at their own risk. Tuning24.org shall not assume responsibility for any possible consequences from the use of such information and / or materials, including damage to the User's or third-party’s computer, damage to the User's or third-party's vehicles or any other machinery or equipment, or for any other damage whatsoever.
7.9. Tuning24.org cannot be held liable for any loss resulting from the use made by the User of Tuning24.org services and/or products and/or software and/or separate parts / features of services.
7.10. If the User has claims in relation to the quality of the services of Tuning24.org, the User should contact with support service by email [email protected].
7.11. The Company in the context of its transactions from the Website informs the Customers based on the data kept each time of availability or not of the products and services and in no case can guarantee their availability. In any case, the Company undertakes to promptly inform the Customer of the unavailability, in which case it is not subject to any further responsibility.
7.12 Tuning24.org strives to provide high quality services daily. In the context of good faith, the Company is not responsible and is not bound for any errors in features, photos and prices of products listed on the site and cannot ensure that there will be no errors from any cause when importing and / or updating the characteristics and / or price of a product.
7.13. Tuning24.org has no responsibility from any unauthorized third-party interventions in products and / or services and / or information available through the Website.
7.14. Tuning24.org does not declare in any way that the information contained in the documents and announcements published on this Website is appropriate for any purpose. Any such document and related graphical representation shall be provided "as is" without any warranty of any kind whatsoever.
7.15. Tuning24.org bears no liability or liability for compensation for any damages and non-material damage resulting from inability to provide support services.
7.16. We would like to point out that the installation of additional electronics (tuning chip) or software tuning in Germany according to § 19 para. 3 p. 1 no. 4 c) StVZO leads to the expiration of the operating license for the vehicle if the installation of the chip is not immediately accepted by an officially recognized expert and a confirmation is issued according to § 22 para. 1 p. 5 StVZO, the operation of an agricultural machine in public road traffic in Germany without operating license according to § 3 of the Compulsory Insurance Act leads to the fact that the liability insurer is not obligated to pay in the event of damage. § 3 Compulsory Insurance Act leads to the fact that the liability insurer is not obliged to pay in the event of damage, the installation of the additional electronics (tuning chip) or software tuning leads to the fact that the warranty claims against the seller and the warranty claims against the manufacturer for the parts affected by the chip tuning can be voided.
8. Jurisdiction and Other Provisions
8.1. This Agreement is an agreement between the User and Tuning24.org regarding the use of services and supersedes all prior agreements between the user and Tuning24.org.
8.2. Nothing in this Agreement may be interpreted as an agency, partnership, reciprocal activity, employment or other relationship not expressly set forth in this Agreement.
8.3. If for any reason one or more provisions of this Agreement are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.
8.4. The failure of Tuning24.org to act against the terms of this Agreement in the event of User or other User Violation does not deprive Tuning24.org of the right to take measures to protect its interests in the future and is not construed as a waiver by Tuning24 .org on their rights in case of future similar or identical violations.
8.5. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus and the Parties hereby submit to the exclusive jurisdiction of the Cyprus Courts.
9. Payment, Warranty & Refund policy
9.1. Payments can be done by Paypal, credit card or any other way that the Company from time to time determines.
9.2. The maximum period of time in which the User is entitled to make any claims in relation to the quality of the processing of the files is 30 days. The beginning of this period is the time of payment of the order. This period is counted independently for each processing task and is not transferred to another processing task.
9.3. The User must send the e-mail message to [email protected] from the e-mail address that the User registered in the account. User acknowledges and agrees that the claims will not be accepted if they have not been sent to [email protected] from the email address the User registered in their account.
9.4. The User must provide detailed information on the processing task in the application, including a description of the problem, photos, screenshots, and other information that confirms the existence of the problem. At the request of Tuning24.org, the User must provide any additional information about the problem.
9.5. The User acknowledges and agrees that Tuning24.org has a priority right that would resolve the problems with the User's processing task. The User must wait until Tuning24.org fixes the problem or notifies the user that the problem cannot be solved.
9.6. The User must give Tuning24 at least 3 tries to fix the problem before the credits get refunded.
9.7. There is no refund on purchased credits or products that were not used. Once the Customer starts accessing the content, by downloading, streaming or otherwise, he/she can no longer withdraw from this Agreement. In case the Company, in its absolute discretion, decides to make a refund and the customer still wants the refund, there will be a deduction of 20% on the refund. The refund is possible only if the purchase is not longer than 30 days in the past.
10. Update policy for tuning-files
10.1. Slave customers. If your customer got a reflash from dealer and the tuning got lost, we charge a flat fee of 50 credits for the new tuning. This regulation is only valid if the tuning wasn´t done more than 5 years ago.
10.2. Master customers. If your customer got a reflash from dealer you must buy another tune.
