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Terms and conditions

GENERAL CONDITIONS OF SALE BETWEEN PROFESSIONALS

DEFINITIONS, WEBSITE AND IDENTIFICATION

Definitions

AT-Flash

B2B TERMS & CONDITIONS — DIGITAL FILES & TECHNICAL SUPPORT

Version: 1.0
Effective date: 01/01/2026
Seller: Best CAR Solutions Ltd (“Seller”, “we”, “us”, “our”)


1. Definitions

1.1 Client / Installer: a natural or legal person acting strictly for professional purposes (B2B) who purchases Products under these Terms.
1.2 End Customer: any third party/customer of the Client.
1.3 Product(s) / File(s): digital calibration/software files and related deliverables (e.g., modified ECU/TCU files, patches, checksum correction outputs, technical adjustments) supplied electronically.
1.4 Order: the Client’s request to purchase Products/Support via our website/portal/email or other agreed channel.
1.5 Delivery: making the Product available for download in the Client portal or sending it to the Client’s designated email/account.
1.6 Revision: a new version of a delivered File for the same identified vehicle/ECU/TCU, issued as part of included Support.
1.7 Identified Vehicle/ECU/TCU: the specific unit determined by the read/ID data (e.g., ECU type, SW/HW, read signature, and/or VIN if requested).
1.8 Support: technical assistance and (where applicable) included Revisions according to the purchased package.


2. Scope and Applicability

2.1 These Terms govern the B2B relationship between the Seller and the Client for the supply of digital files and technical support related to ECU/TCU programming/reprogramming activities.
2.2 These Terms apply to every Order, regardless of where the Client is located and where Products are used.
2.3 Any Client terms (purchase conditions, general terms, reseller terms, etc.) are excluded and shall not apply unless expressly accepted in writing by the Seller.


3. Professionals Only (B2B) — Exclusion of Consumers

3.1 Products are supplied exclusively to professionals and expressly not to consumers.
3.2 By placing an Order, the Client confirms it is acting as a professional and cannot be considered a consumer or non-professional in any manner regarding these Terms.
3.3 The Client confirms it has read, understood, and accepted these Terms prior to placing any Order.


4. Independent Parties — No Agency

4.1 The Seller and the Client are independent parties. Nothing creates a partnership, agency, employment, representation, or joint venture.
4.2 The Client is solely responsible for its own contractual relationship with End Customers, including pricing, promises, lead times, warranties, and customer communications.


5. Client Obligations (Competence, Procedures, Official Tools, Backups)

5.1 Professional standard of care. The Client must act as a reasonably skilled and prudent professional. The use of Products requires specific skills and know-how.
5.2 Correct information. The Client is solely responsible for the accuracy, completeness, and consistency of all submitted data (read/ID, ECU/TCU details, SW/HW, DTCs, logs, modifications, symptoms, and any required vehicle info).
5.3 Follow procedures. The Client must strictly follow all programming procedures required by its tools and the relevant method (OBD/Bench/Boot), including stable power supply, correct pinout/cabling, safe connections, and best practices.
5.4 Official tools only. The Client must use only official/licensed programming tools. Use of cloned, cracked, unlicensed, or unauthorised tools voids any Support entitlement and releases the Seller from any responsibility connected with outcomes.
5.5 Compatibility and vehicle condition. The Client must verify compatibility and confirm that the vehicle is properly maintained and technically suitable.
5.6 Backups and recovery capability. The Client must keep full backups of original files/parameters and maintain the ability to restore stock or perform recovery if needed.
5.7 Wear/tear warning. The Client acknowledges reprogramming may accelerate wear or failure of components, including (without limitation): injection system (injectors/pumps), engine internals, turbo, transmission (gearbox/clutch/DMF), and aftertreatment systems (catalyst/DPF/SCR).
5.8 Insurance. The Client should maintain professional liability insurance appropriate to its activities and local jurisdiction.
5.9 Client duty to warn End Customers. The Client is solely responsible for informing End Customers about technical and legal consequences (manufacturer warranty, insurance validity, emissions/compliance, road legality, inspection/approval requirements, resale disclosure, etc.).
5.10 No mechanical/electrical diagnosis by Seller. The Seller does not diagnose the vehicle’s real-world condition. The Client must perform diagnostics and suitability checks before installation.


6. Orders and Contract Formation

6.1 Orders are placed through the website/portal/email or other channels authorised by the Seller.
6.2 A contract is formed only when (i) the Client has accepted these Terms and (ii) full payment is received/confirmed.
6.3 If payment is not confirmed in full, the Seller has no obligation to deliver Products or provide Support.


7. Digital Delivery and Acceptance

7.1 Products are delivered electronically only (portal/email/account).
7.2 Delivery is deemed completed when the Product is made available for download or sent to the Client’s designated email/account.
7.3 The Client must inspect the delivered Product for obvious non-conformity (wrong format, wrong ECU/ID, wrong request) and notify the Seller within 24 hours of Delivery.
7.4 If the Client fails to notify within that period, the Delivery is deemed accepted as conforming, without prejudice to any mandatory rights that cannot be excluded by law.


8. Estimated Turnaround Times (No Guaranteed SLA)

8.1 Any stated turnaround times are estimates only and depend on workload, complexity, quality of provided data, response times, and technical circumstances.
8.2 The Seller will use reasonable efforts to deliver and address reported issues promptly but does not guarantee fixed times in all cases.


9. Support Packages and Included Revisions

9.1 Unless otherwise stated on the product page or in writing, Support is included as follows:

  • Standard: 1 (one) Revision included, valid for 14 days from Delivery.

  • Priority / Premium: 2 (two) Revisions included, valid for 15 days from Delivery.

9.2 Scope of Revisions. Included Revisions apply only to the same Identified Vehicle/ECU/TCU as originally provided. Revisions are intended for reasonable adjustment based on new data (fresh reads, DTCs, logs, clear description).
9.3 Support conditions. Support may be paused until the Client provides complete and consistent data.
9.4 Not included (may be billable). Included Revisions do not cover, and may be charged separately, including without limitation:
(a) incorrect/incomplete initial data;
(b) ECU/TCU replacement; SW/HW changes; software updates;
(c) any hardware changes after Delivery (turbo/injectors/sensors/exhaust/aftertreatment, etc.);
(d) third-party interventions on the vehicle/files;
(e) mechanical/electrical faults not caused by the delivered file;
(f) use of non-official/cloned tools;
(g) requests outside the original scope or changing the requested service type after Delivery.


10. End Customer Pressure, Urgency, Emotions — Client Responsibility

10.1 The Seller supplies Products/Support to the Client (professional). The Client alone manages its End Customer relationship.
10.2 Any urgency, pressure, emotional stress, downtime, lost profits, penalties, or End Customer demands are operational matters solely for the Client and do not create additional obligations for the Seller (including accelerated turnaround, refunds, compensation, or expanded support beyond the purchased package).


11. Prices and Payment

11.1 Prices are those shown/quoted at the time of Order unless otherwise agreed in writing.
11.2 The Seller may use third-party payment providers. Payment confirmation is required before processing.


12. NO REFUND Policy (Digital Products)

12.1 Due to the nature of digital content and frequently customised work, Orders are final after Delivery and refunds are not provided on request.
12.2 Limited exception: if the Seller delivered a materially non-conforming Product (e.g., wrong ECU/ID) and cannot remedy within a reasonable time, the Seller may, at its discretion, re-deliver a corrected file or refund the amount paid for that specific undelivered/correctly undeliverable item.
12.3 No refunds are provided for: subjective expectations, preference changes, vehicle condition issues, tool/procedure issues, incorrect data supplied by the Client, third-party interventions, or undeclared hardware changes.
12.4 Incorrect data = no refund. Any unusability resulting from inaccurate/incomplete Client information does not entitle the Client to refunds, discounts, or damages.


13. Technical Risks — ECU/TCU Brick — No Liability

13.1 The Client acknowledges programming/reprogramming involves inherent risks, including power interruption, communication errors, memory corruption, recovery needs, and ECU/TCU bricking, immobilisation, or downtime.
13.2 To the fullest extent permitted by law, the Seller does not accept liability for any ECU/TCU bricking or related recovery, towing, workshop costs, vehicle immobilisation, downtime, or business loss.
13.3 The Client is responsible for stable power, proper equipment, correct procedures, and recovery capability.


14. Local Legal Compliance (Client Sole Responsibility)

14.1 The Client is solely responsible for compliance with local laws and regulations where it operates and where the vehicle will be used (emissions, approvals, inspection rules, road legality, insurance disclosure, etc.).
14.2 The Seller does not provide legal advice. The Client assumes all risk for any non-compliance, including administrative/civil/criminal consequences.
14.3 Where “off-road/motorsport only” is stated, the Client confirms such restricted use and assumes all associated risks.


15. Intellectual Property and License (Strict Anti-Sharing)

15.1 All intellectual property rights in the Products, methods, know-how, and deliverables remain with the Seller (or its licensors where applicable).
15.2 The Seller grants the Client a non-exclusive, non-transferable, revocable license to use the delivered File solely for the single Identified Vehicle/ECU/TCU for which it was ordered.
15.3 The Client must not resell, share, distribute, publish, upload to databases, copy, reverse engineer, or use the Product on any other vehicle/ECU/TCU.
15.4 Breach may result in immediate account suspension, license termination, refusal of future service, and a claim for damages and enforcement costs.


16. Confidentiality

16.1 Products, technical communications, methods, and documentation are confidential. The Client shall not disclose them to third parties without the Seller’s prior written consent.


17. Audit Trail, Evidence, and Records

17.1 The Client acknowledges the Seller may maintain records such as delivery logs, download timestamps, portal access logs, and technical logs for contract performance, fraud prevention, and dispute/chargeback handling, subject to applicable data protection laws.
17.2 Such records may be used as evidence of Delivery, acceptance, and performance.


18. Limitation of Liability (Material Damage Excluded)

18.1 Products are provided “as-is” for professional use. The Seller makes no guarantee of performance gains, fuel economy, emissions outcomes, inspection results, or component longevity.
18.2 To the fullest extent permitted by law, the Seller is not liable for any material damage to vehicles or components (engine, turbo, gearbox, clutch, aftertreatment, etc.) or for any indirect or consequential loss (loss of profit, loss of business, downtime, penalties, reputational loss, third-party claims).
18.3 To the fullest extent permitted by law, the Seller’s total aggregate liability (if any) arising out of or in connection with an Order is limited to the amount paid by the Client for the specific Order giving rise to the claim.
18.4 Nothing in these Terms limits liability where such limitation is prohibited by law.


19. Indemnity (Hold Harmless)

19.1 To the fullest extent permitted by law, the Client shall defend, indemnify, and hold harmless the Seller from and against any claims, damages, losses, liabilities, and reasonable costs (including legal fees and expert costs) arising out of or related to:
(a) the Client’s installation/use of Products;
(b) the Client’s relationship with End Customers;
(c) any alleged non-compliance with local laws;
(d) third-party claims connected directly or indirectly with the reprogramming performed by the Client.


20. Chargebacks, Fraud, and Immediate Suspension

20.1 Any unjustified chargeback after Delivery is a material breach. The Seller may immediately suspend the Client’s account, access, licenses, and Support.
20.2 The Seller may pursue recovery of amounts owed and reasonable administrative/collection costs and may provide audit evidence to payment providers to dispute chargebacks.


21. Force Majeure

21.1 Neither party is liable for delay or failure to perform due to events beyond reasonable control, including (without limitation) internet/service outages, platform downtime, cyber incidents, supplier/tool-provider outages, governmental actions, strikes, or similar events.
21.2 Obligations are suspended to the extent affected and resume as soon as reasonably practicable.


22. Data Protection

22.1 The Seller processes personal data only as necessary for contract performance, support, billing, compliance, and fraud prevention, as described in the Seller’s Privacy Policy.


23. Changes to These Terms

23.1 The Seller may update these Terms from time to time. The version applicable to an Order is the version in effect and accepted at the time the Order is placed.


24. Severability, No Waiver, Entire Agreement

24.1 If any provision is held invalid or unenforceable, it shall be replaced by a valid provision that best reflects the original intent, and the remainder shall continue in full force.
24.2 Failure to enforce a right is not a waiver of that right.
24.3 These Terms constitute the entire agreement between the Seller and the Client regarding the subject matter and supersede prior communications on the same subject.


25. Governing Law and Exclusive Jurisdiction (SAFE)

25.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by the laws of England and Wales.
25.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.