General Terms and Conditions (GTC)
TOPECUFILES - Christian Seinitz
Sole Proprietor - Registered Office: Grabenstraße 42, 7543 Limbach, Austria
1
Scope of Application
These General Terms and Conditions (GTC) apply to all contracts between the provider and its customers concluded via the website or by other electronic means. By using the file service offered, the customer expressly agrees to these terms and conditions.
2
Description of Services
2.1 The provider exclusively offers the service of processing an original file provided by the customer ("File Service").
2.2 The service includes the adjustment or modification of parameters within this file.
The following are not part of the service:
• Reading out (dumping) the original file from the control unit
• Creating or correcting checksums
• Flashing the processed file back onto the control unit
• Verifying the vehicle’s functionality during real-world operation
2.3 The provider is only obligated to technically process the file in accordance with the customer’s instructions. No functional guarantee is given for the processed file or its successful use in the vehicle.
2.4 Currently offered processing includes in particular:
• Deactivation of functions such as DPF, EGR, AdBlue, Vmax, etc.
• Performance increases (tuning) to raise engine power and torque.
3
Order Process
1. The customer uploads the original file via an upload form or sends it by email.
2. The customer specifies which functions are to be deactivated or whether a performance increase is desired.
3. The customer pays the full service fee in advance.
4. Upon receipt of payment, the provider processes the file.
5. The customer receives the processed file by email or via a download area.
4
Prices and Payment
4.1 All prices are quoted individually and are final prices.
4.2 Payment is made exclusively in advance. Processing begins only after full payment has been received.
4.3 Currently accepted payment methods are PayPal and bank transfer. Additional payment methods may be accepted by agreement.
5
Processing Time
Processing usually takes place within 24 hours after the file and payment have been received but may vary in individual cases. The customer has no entitlement to a specific processing time.
6
Technical Responsibility & Disclaimer
6.1 The provider creates the processed file to the best of their knowledge and belief. Responsibility for correct application, flashing, checksum plausibility, and technical suitability lies solely with the customer.
6.2 The provider does not guarantee that the processed file will function properly on every vehicle type or software version. Use of the delivered file is entirely at the customer’s own risk.
6.3 Vehicles with performance tuning are subject to increased mechanical and thermal loads, which may lead to higher wear, shorter service intervals, and reduced lifespan.
6.4 The provider is not liable for any damage or malfunction of the vehicle, engine, control unit, or other hardware resulting from the use of the delivered file. Use is at the customer’s own risk.
7
Usage and Legal Compliance
7.1 The customer is solely responsible for checking the legal admissibility of the delivered file in their own country.
7.2 The provider expressly points out that both deactivations (e.g. DPF/EGR/AdBlue/Vmax) and performance increases (tuning) may be illegal for use on public roads.
7.3 The delivered files are intended exclusively for motorsport, export, or dyno testing purposes.
8
Ownership and Usage Rights
The delivered files remain the property of the provider until full payment is received. Any distribution, duplication, or commercial use without written consent is prohibited.
9
Geographical Limitation
This offer is primarily aimed at customers in Austria, the EU, and the EEA. Customers from other regions use the service at their own risk. The provider reserves the right to decline orders from certain countries.
10
Right of Withdrawal and Refund Policy
In accordance with § 18 (1) (11) of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no right of withdrawal because the service is individually tailored to the customer’s request and provided digitally. By submitting the order, the customer expressly declares:
• The provider may start providing the service before the withdrawal period has expired.
• The customer waives their right of withdrawal.
• A refund is excluded once the file has been created and delivered.
10a
Warranty
10a.1 The provider does not assume any warranty for the functionality or freedom from defects of the processed file, insofar as legally permissible.
10a.2 Where liability cannot be excluded, warranty claims are limited to rework. The customer is not entitled to withdrawal or price reduction unless rework definitively fails.
11
Data Protection
Data transmitted by the customer is used exclusively for processing the order and will not be shared with third parties, except where required by law.
12
Place of Jurisdiction and Applicable Law
Austrian law applies. The place of jurisdiction is the registered office of the provider, insofar as legally permissible.
13
Severability Clause
Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The invalid or unenforceable provision shall be replaced by a valid and enforceable one that comes closest to the economic intent of the original provision. The same applies in the event of gaps in the contract.
14
Special Provisions & Customer Declarations
14.1 The customer confirms that they have received and acknowledged the current General Terms and Conditions (GTC) and Privacy Policy on the day of placing the order.
14.2 The customer confirms that all information regarding their vehicle, vehicle history, and personal data has been provided fully and truthfully.
14.3 The provider points out that the vehicle’s service history is unknown. It is assumed that the vehicle has been maintained according to the manufacturer’s prescribed and recommended intervals. Any deviation must be communicated by the customer before the service is performed.
14.4 The customer is expressly informed that:
a) Any modifications to the vehicle, particularly software modifications, may void the vehicle’s type approval unless properly registered in the vehicle documents.
b) Failure to register such modifications may result in legal or criminal consequences, including tax evasion or insurance fraud.
c) The provider does not check the conditions for or guarantee the successful registration of modifications.
d) Use of the delivered files is entirely at the customer’s own risk. The customer is responsible for informing their own customers accordingly.
e) Vehicles with increased performance due to software modifications are subject to higher mechanical and thermal loads, which may result in increased wear.
f) The provider is not liable for damages arising from the customer’s failure to provide information or to carry out checks, nor for incorrect or incomplete information given by the customer to their own customers.
g) Any liability of the provider towards the customer or third parties – in particular for hardware damage, personal injury, or consequential damages – is excluded to the extent permitted by law.
h) If liability cannot be legally excluded, it is limited to the amount of the purchase price, up to a maximum of EUR 500.00, and only in the absence of gross negligence.
i) There is no obligation to provide software updates for the delivered files.
Status: October 2025
Christian Seinitz / TOPECUFILES, Grabenstraße 42, A-7543 Limbach, info@topecufiles.com