General Terms and Conditions B2B autoflasher.de

Terms of use
1.These General Terms and Conditions apply to all business relations between our company and our business partners.

The business relationships between our company and our business partners are B2B transactions and are therefore not subject to the provisions of the Consumer Protection Act. There is therefore no right of withdrawal for the business partner.

However, contractual regulations or statutory provisions may apply to the withdrawal from a contract, e.g. in case of defects or non-fulfilment of contractual obligations.

It is important that our business partners inform themselves about the applicable legal provisions and contractual regulations and take these into account in their contracts with us. Our company is always available to answer questions from our business partners on the legal aspects of our business relationships.”

1.1 The use of DIE AUTOFLASHER GMBH products, software, services and websites (collectively referred to in this document as “services” and excluding all services provided by DIE AUTOFLASHER GMBH under a separate written agreement) is subject to the terms of a legally binding agreement between the user and DIE AUTOFLASHER GMBH. “DIE AUTOFLASHER GMBH” is defined as DIE AUTOFLASHER GMBH, whose principal place of business is located at Sportplatzgasse 32b, in 2443 Leithaprodersdorf, Austria, and its subsidiaries, affiliates and partners. This document defines the legal agreement and sets out the terms of the same agreement.

1.2 Unless otherwise agreed in writing with DIE AUTOFLASHER GMBH, the User’s agreement with DIE AUTOFLASHER GMBH always includes the terms and conditions set out in this document. These are hereinafter referred to as the “General Conditions”.

1.3 The agreement with DIE AUTOFLASHER GMBH also includes the terms of any legal notices applicable to the Services that DIE AUTOFLASHER GMBH may issue from time to time, in addition to the General Terms. All this is referred to as “Additional Conditions”. If additional terms and conditions apply to a service, these are available for the user to read either within or through the use of the same service.

1.4 The General Terms and Conditions together with the Supplementary Terms and Conditions constitute a legally binding agreement between the user and DIE AUTOFLASHER GMBH with regard to the use of the services. It is important that the user takes the time to read them carefully. Collectively, this legal agreement is hereinafter referred to as the “Terms”.

1.5 In the event of any conflict between the Supplementary Conditions and the General Conditions, the Supplementary Conditions shall prevail in relation to that Service.

2. accepting the conditions

2.1 In order to use the Services, the User must first agree to the Terms. The services may not be used if the conditions are not accepted.

2.2 The User may accept the Terms by: (a) click on the box to accept or agree to the terms and conditions if this option is made available to them by DIE AUTOFLASHER GMBH in the user interface for each service; or (b) through the actual use of the Services. In this case, the User understands and agrees that DIE AUTOFLASHER GMBH, its affiliates or partners will treat the use of the Services as acceptance of the Terms from that point forward.

2.3 The User may not use the Services or accept the Terms if:
(a) the user is not of legal age to enter into a binding contract with DIE AUTOFLASHER GMBH, or
(b) the User is a person who is barred from receiving the Services under the laws of Austria or any other country, including the country in which the User resides or from which the Services are used.

2.4 Before proceeding, the user should print or save a copy of the Universal Terms for their records.

3. language of conditions

3.1 If DIE AUTOFLASHER GMBH has provided the User with a translation of the German language version of the Terms, the User agrees that the translation is provided for convenience only and that the German language version of the Terms governs the User’s relationship with DIE AUTOFLASHER GMBH.

3.2 In the event of any inconsistency between the German language version of the Terms and the translated version, the German language version shall prevail.

4. provision of the services by DIE AUTOFLASHER GMBH, its affiliated companies or partners.

4.1 DIE AUTOFLASHER GMBH has subsidiaries and affiliated legal entities throughout the world (“Subsidiaries and Affiliates”). These companies may provide the services to the user on behalf of DIE AUTOFLASHER GMBH. The User acknowledges and agrees that the Subsidiaries and Affiliates are authorised to provide the Services to them.

4.2 DIE AUTOFLASHER GMBH is subject to constant innovation in order to provide its users with the best possible experience. The user acknowledges and agrees that the form and nature of the services provided by DIE AUTOFLASHER GMBH may be changed from time to time without prior notice.

4.3 As part of this continuous innovation, the User acknowledges and agrees that DIE AUTOFLASHER GMBH may (permanently or temporarily) discontinue providing the Services (or any features within the Services) to the User at DIE AUTOFLASHER GMBH’s sole discretion, giving the User 24 hours notice, email. The User may suspend, interrupt and/or terminate the use of the Services at any time. It is not necessary to expressly inform DIE AUTOFLASHER GMBH of any suspension, interruption or termination of use of the services by the user.

4.4 The User acknowledges and agrees that if DIE AUTOFLASHER GMBH disables the User’s access to the User’s account for compelling reasons (e.g. insolvency, misuse of the Services, etc.), the User may be prevented from accessing the Services, account data or files, or other content contained in the User’s account.

4.5

4.6. Products and software from DIE AUTOFLASHER GMBH have separate costs and the purchase of the hardware does not automatically entail the purchase of the software. After receipt of the purchased product by the user, an e-mail must be sent to DIE AUTOFLASHER GMBH to request activation of the software. The user will receive a link by e-mail to download the software via the registration access; the validity period of the ticketysztem is 365 days from the date of activation.

4.7 The user acknowledges and agrees that DIE AUTOFLASHER GMBH requires all users to pay an annual subscription fee. This fee is due to DIE AUTOFLASHER GMBH one (1) year after activation of a new Autoflasher tool and varies depending on the model of the tool. The prices for the cost of the subscription are displayed on the DIE AUTOFLASHER GMBH website. If you do not renew this subscription, access to the features of the Tool will be limited and the limited lifetime warranty on the Tool offered by DIE AUTOFLASHER GMBH will be limited to twenty-four (24) months from the original activation date. In the event of a late renewal of the subscription, the subsequent renewal of the account will give the user the opportunity to use the software until the expected expiry date when the account would have been correctly renewed, counting the expired time, the 365 days that make up an annual subscription.

5. use of services

5.1 In order to access certain Services, the User may be required to provide information about a Vehicle/ECU model (e.g. identification or other details) as part of the Service registration process or continued use of the Services. The user agrees that all information given to DIE AUTOFLASHER GMBH is always accurate, correct and up-to-date.

5.2 The User agrees to use the Services only for purposes permitted by (a) the conditions and (b) any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions (including any laws relating to vehicles and public road traffic laws) are permitted.

5.3 The user agrees not to access (or attempt to access) any of the services by any means other than through the interface provided by DIE AUTOFLASHER GMBH unless expressly permitted to do so in a separate written agreement with DIE AUTOFLASHER GMBH. The User expressly agrees not to access (or attempt to access) any of the Services by any automated means (including the use of scripts or web crawlers) and shall ensure that it does not share access to such Services with any third party users.

5.4 The User undertakes not to carry out any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.

5.5 Unless expressly permitted in a separate written agreement with DIE AUTOFLASHER GMBH, the user undertakes not to reproduce, duplicate, copy, sell, trade or resell the services or the result of the services for any purpose.

5.6 The User agrees to be solely responsible (and that DIE AUTOFLASHER GMBH shall not be liable to him or any third party) for any breach of the obligations set out in the Terms and for the consequences (including any loss or damage DIE AUTOFLASHER GMBH may suffer). any such injury.

5.7 Should the services require the user to send a control unit to, DIE AUTOFLASHER GMBH head office for repair or maintenance, please note the following conditions:
(a) All items are shipped for the account and at the risk of the user. It is the user’s responsibility to insure the package. DIE AUTOFLASHER GMBH is not responsible for parcels on the way to and from the head office. (b) All items sent to DIE AUTOFLASHER GMBH will be inspected upon receipt and evaluated by our technicians. All control units are repaired or serviced by our highly skilled technicians and are covered by a 100% satisfaction guarantee. The shipping costs for the return of the control unit or the replacement of a tool under warranty shall be borne by DIE AUTOFLASHER GMBH. By performing this type of service, the user agrees not to take legal action or make a personal claim for a sum greater than the monies paid to DIE AUTOFLASHER GMBH for the service. (c) THE AUTOFLASHER GMBH is not responsible for the removal, installation and use of a remanufactured item and strongly recommends that the customer follow standard safety procedures when handling motor vehicles and electrical equipment.
6. passwords and account security

6.1 The User agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account used to access the Services.

6.2 Accordingly, the User agrees to be solely responsible to DIE AUTOFLASHER GMBH for all activities that occur from his/her registered account.

6.3 If the user becomes aware of any unauthorised use of his password or his account, he undertakes to notify DIE AUTOFLASHER GMBH without delay at info@Autoflasher.de. In the event of theft or loss, the user must notify DIE AUTOFLASHER GMBH of this event by e-mail or via the official DIE AUTOFLASHER GMBH website. The user must also include a copy of the police report of the unauthorised event and is entitled to repurchase the Autoflasher tool at the price of the only hardware.

7 Privacy and personal information

7.1 For information about DIE AUTOFLASHER GMBH’s privacy practices, please read DIE AUTOFLASHER GMBH’s Privacy Policy at https://autoflasher.de/datenschutz/. This policy sets out how DIE AUTOFLASHER GMBH treats personal data and protects the privacy of the user when using the services in accordance with European Regulation 679/2016 (DSGVO).

7.2 The user hereby consents to the processing of his data in accordance with the data protection declaration of DIE AUTOFLASHER GMBH.

8. contents in the services

8.1 The User agrees and understands that any information (such as data files, written text, computer software, photographs, videos or other images) that he/she may access as part of or through his/her use of the Services is the sole responsibility of the person from whom such content originated. All this information is hereinafter referred to as the “Content”.

8.2 The User should be aware that the content presented as part of the Services is protected by intellectual property rights owned by DIE AUTOFLASHER GMBH (or other persons or companies on its behalf). The user may not modify, rent, lease, loan, sell, distribute, or create derivative works based on such content (either in whole or in part) unless expressly authorized to do so by DIE AUTOFLASHER GMBH or the owners of such content, in a separate written agreement.

8.3 DIE AUTOFLASHER GMBH reserves the right (but is not obliged) to check, review, mark, filter, modify, reject or remove individual or all contents of services in advance.

8.4 The User agrees and understands that all Services are used at the User’s own risk.

8.5 The user agrees to be solely responsible (and that DIE AUTOFLASHER GMBH shall not be liable to him or any third party) for all content created while using the services and for the consequences of his actions (including any loss or damage DIE AUTOFLASHER GMBH may suffer). ) with it.

9. property rights

9.1 The User acknowledges and agrees that DIE AUTOFLASHER GMBH (or DIE AUTOFLASHER GMBH Licensor) owns all legal rights, title, and interest in and to the Services, including all intellectual property rights subsisting in the Services (whether or not such rights are registered and wherever in the world such rights may subsist). The user further acknowledges that the services may contain information designated as confidential by DIE AUTOFLASHER GMBH and that the user may not disclose such information without the prior written consent of DIE AUTOFLASHER GMBH.

9.2 Unless the User has agreed otherwise in writing with DIE AUTOFLASHER GMBH, nothing in the Terms shall give the User the right to use trade names, trademarks, service marks, logos, domain names and/or other distinctive brand features of DIE AUTOFLASHER GMBH.

9.3 The Terms of Use also do not grant the User any right to use trademarks or other intellectual property rights – including for purely descriptive purposes – belonging or owned by third parties. If the User has been granted the express right to use any of these Trademark Features in a separate written agreement with DIE AUTOFLASHER GMBH, the User agrees that its use of such Trademark Features will be in accordance with this Agreement, all applicable provisions of the Terms and DIE AUTOFLASHER GMBH Trademark Usage Guidelines of, as updated from time to time.

9.4 Except for the limited license set out in Section 11, DIE AUTOFLASHER GMBH acknowledges and agrees that subject to these Terms, it shall not obtain any right, title, or interest from the User (or its licensors) in or to any Content they transmit via the Services, including any intellectual property rights subsisting in such Content (whether or not such rights are registered and wherever in the world such rights may subsist). Unless otherwise agreed in writing with DIE AUTOFLASHER GMBH, the user agrees to be responsible for the protection and enforcement of these rights and that DIE AUTOFLASHER GMBH is not obliged to do so on his behalf.

9.5 The User agrees not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

9.6 Unless expressly authorised in writing by DIE AUTOFLASHER GMBH, the User agrees that in using the Services he will not use any trademarks, service marks, trade names, logos of companies or organisations in any way that is likely or intended to cause confusion as to the owner or authorised user of such marks, names or logos.

10. licence from DIE AUTOFLASHER GMBH, its affiliates or partners.

10.1 DIE AUTOFLASHER GMBH grants the user a personal, worldwide, non-transferable and non-exclusive licence to use the software made available to him by DIE AUTOFLASHER GMBH as part of the services provided by DIE AUTOFLASHER GMBH (hereinafter referred to as “software”). This licence is solely for the purpose of enabling the user to use and enjoy the benefits of the services provided by DIE AUTOFLASHER GMBH in the manner permitted under the terms and conditions.

10.2 The user may not copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to copy the source code of the software or parts thereof (and may not permit anyone else to do so) unless this is expressly permitted or this is required by law or has been expressly permitted in writing by DIE AUTOFLASHER GMBH.

10.3 Unless DIE AUTOFLASHER GMBH has given the User express written permission to do so, the User shall not assign (or grant a sublicense of) its rights to use the Software, grant a security interest in or over its rights to use the Software, or otherwise transfer any part of its rights to use the Software.

11. the user’s content license

11.1 The User retains the copyright and all other rights it already holds in the Content transmitted via the Services. By submitting Content, the User grants DIE AUTOFLASHER GMBH a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content The Services submitted by the User. This licence is for the sole purpose of enabling DIE AUTOFLASHER GMBH to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 The User understands and agrees that in taking the necessary technical steps to provide the Services to its Users, THE AUTOFLASHER GMBH will (a) transmit or distribute that content over different public networks and in different media; and (b) make the necessary changes to the content to adapt and adjust that content to the technical requirements for connecting networks, devices, services or media. The user agrees that this licence permits DIE AUTOFLASHER GMBH to take these measures.

11.3 The user confirms and guarantees to DIE AUTOFLASHER GMBH that he has all the rights, powers and authority required to grant the above licence.

12. software updates

12.1 The software may automatically download and install updates from DIE AUTOFLASHER GMBH from time to time. These updates serve to improve, expand and further develop the services and may take the form of bug fixes, expanded functions, new software modules and completely new versions. The User agrees to receive (and to allow DIE AUTOFLASHER GMBH to provide) such updates as part of its use of the Services.

13. termination of a relationship with DIE AUTOFLASHER GMBH, its affiliates or partners.

13.1 The terms and conditions shall continue to apply until terminated either by the user or by DIE AUTOFLASHER GMBH as described below.

13.2 If the user wishes to terminate his legal agreement with DIE AUTOFLASHER GMBH, he may do so by
(a) notify DIE AUTOFLASHER GMBH at any time; and (b) close accounts for all services used, where DIE AUTOFLASHER GMBH has made this option available. The notice should be sent in writing to the DIE AUTOFLASHER GMBH head office specified at the beginning of these terms and conditions.

13.3 DIE AUTOFLASHER GMBH may terminate its legal agreement with the user at any time if:
(a) they have breached any provision of the Terms (or acted in a way that clearly demonstrates that they do not wish to or cannot comply with the provisions of the Terms); or (b) DIE AUTOFLASHER GMBH is legally obliged to do so (e.g. if the provision of the services to the user is or becomes unlawful); or (c) the partner with whom DIE AUTOFLASHER GMBH has provided the services to the user has terminated its relationship with DIE AUTOFLASHER GMBH or has ceased to provide the services to the user; or (d) DIE AUTOFLASHER GMBH ceases to provide the Services to Users in the country in which the User resides or from which the User uses the Service; or (e) the provision of the Services to the User by DIE AUTOFLASHER GMBH is, in the opinion of DIE AUTOFLASHER GMBH, no longer commercially viable.

13.4 Nothing in this section shall affect the rights of DIE AUTOFLASHER GMBH in respect of the provision of Services under section 4 of the Conditions.

13.5 If these Conditions expire, all legal rights, obligations and liabilities from which the User and DIE AUTOFLASHER GMBH have benefited (or which have arisen over time while the Conditions were in force) or which are expressly referred to shall continue indefinitely, shall not be affected by such termination and the provisions of clause 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14 Exclusion of warranty

14.1 Nothing in these Conditions, including Sections 14 and 15, is intended to exclude or limit the warranty or liability of DIE AUTOFLASHER GMBH for any loss which cannot be excluded by law or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of silent conditions or incidental or consequential damages. Accordingly, they are subject only to the limitations permitted by law in the user’s jurisdiction, and the liability of DIE AUTOFLASHER GMBH is limited to the maximum extent permitted by law.

14.2 The User expressly understands and agrees that its use of the Services is at the User’s sole risk and that the Services are provided “as is” and “as available”.

14.3 In particular, DIE AUTOFLASHER GMBH, its subsidiaries and affiliates and its licensors do not represent or warrant to the User that:
(a) the User’s use of the Services meets its requirements; (b) the User’s use of the Services is uninterrupted, timely, secure or error-free; (c) any information obtained by the User as a result of its use of the Services is accurate or reliable; and (d) that defects in the operation or functionality of any software provided to the User as part of the Services will be corrected.

14.4 Any material downloaded or otherwise obtained through the use of the Services shall be at the discretion and risk of the User, who shall be solely responsible for any damage or loss of data resulting from the download of any such material.

14.5 No oral or written advice or information obtained by the User from DIE AUTOFLASHER GMBH or through or from the Services shall create any warranty not expressly stated in the Terms.

14.6 DIE AUTOFLASHER GMBH further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

15 Limitation of liability

15.1 Subject to the general provision in paragraph 14.1 above, the User expressly understands and agrees that THE AUTOFLASHER GMBH, its subsidiaries and affiliates and its licensors and their respective directors, officers, employees, contractors and agents shall not be liable for:
(a) any direct, indirect, incidental, special consequential or exemplary damages that the user may incur, regardless of cause and under any theory of liability. This includes, but is not limited to, lost profits (whether incurred directly or indirectly), loss of goodwill or reputation of the Company, loss of data suffered, costs of obtaining substitute goods or services or other intangible losses;
(b) Any loss or damage that the User may incur, including but not limited to loss or damage as a result of:
(I) Any reliance by the User on the completeness, accuracy or existence of any advertising or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising appears on the Services;
(II) any changes DIE AUTOFLASHER GMBH may make to the Services or for any permanent or temporary discontinuance of the provision of the Services (or any functions within the Services);
(III) the deletion, corruption or non-storage of content and other communication data maintained or transmitted by or through the User’s use of the Services;
(IV) the failure of the user to provide DIE AUTOFLASHER GMBH with accurate account information;
(V) Failure by the User to keep their password or account details secure and confidential;

15.2 The limitations of liability of DIE AUTOFLASHER GMBH towards the user in paragraph 15.1 above apply irrespective of whether DIE AUTOFLASHER GMBH has been advised of the possibility of such losses or should have been aware of them.

15.3 If DIE AUTOFLASHER GMBH becomes liable to the user in respect of the services despite the above restrictions, such liability shall be limited to the fees paid to DIE AUTOFLASHER GMBH for the services

16. copyright and trademark guidelines

16.1 It is the policy of DIE AUTOFLASHER GMBH to respond to notices of alleged copyright infringement that comply with applicable international intellectual property laws (including the Digital Millennium Copyright Act in the United States) and to terminate the accounts of repeat infringers.

17. advertising

17.1 Some Services may be supported by advertising revenue and may display advertisements and promotions. This advertising may be targeted at the content of information stored in the services, requests made through the services or other information.
17.2 The type, mode and scope of advertising by DIE AUTOFLASHER GMBH in the services may be changed without special notification to the user.

18. other contents

18.1 The Services may contain hyperlinks to other websites or content or resources. DIE AUTOFLASHER GMBH has no control over websites or resources provided by companies or persons other than DIE AUTOFLASHER GMBH.

18.2 The User acknowledges and agrees that DIE AUTOFLASHER GMBH is not responsible for the availability, functionality, or content of any such external website or resource and does not endorse any advertising, products, or other materials on or available from such websites or resources.

18.3 The User acknowledges and agrees that DIE AUTOFLASHER GMBH shall not be liable for any loss or damage incurred by the User as a result of the availability of such external sites or resources or the User’s reliance on the completeness, accuracy or existence of any advertising, products or other materials available on or from such sites or resources.

19. changes to the conditions

19.1 DIE AUTOFLASHER GMBH may from time to time make changes to the General Terms and Conditions or the Additional Terms. Any new additional terms will be made available to the user within or via the services concerned.

19.2 The User understands and agrees that if he/she uses the Services after the date on which the General Terms or Additional Terms have changed, DIE AUTOFLASHER GMBH will treat his/her use as acceptance of the updated General Terms or Additional Terms.

20 General legal regulations

20.1 When using the Services, the User may (as a result of or through its use of the Services) use a Service or download part of the Software or purchase goods provided by a third person or company. The use of such third party services, software or goods may be subject to separate terms and conditions between the user and the relevant company or individual. In this case, the conditions do not affect the legal relationship with these third-party companies or persons.

20.2 The Terms constitute the entire legal agreement between the User and DIE AUTOFLASHER GMBH and govern the use of the Services (except for services that DIE AUTOFLASHER GMBH may provide to the User under a separate written agreement) and completely supersede any prior agreements between the User and DIE AUTOFLASHER GMBH relationship to the Services.

20.3 The user agrees that DIE AUTOFLASHER GMBH may send him notices, including those regarding changes to the terms and conditions, by e-mail, post or postings on the services.

20.4 The User agrees that if DIE AUTOFLASHER GMBH does not exercise or enforce any legal rights or remedies contained in the Terms (or what DIE AUTOFLASHER GMBH is entitled to under applicable law), this shall not be deemed a formal waiver of DIE AUTOFLASHER GMBH’s rights and that such rights or remedies shall continue to be available to DIE AUTOFLASHER GMBH.

20.5 If a court having jurisdiction to hear the matter decides that any provision of these Conditions is invalid, that provision shall be removed from the Conditions without affecting the remainder of the Conditions. The remaining provisions of the Conditions shall continue to be valid and enforceable.

20.6 The User acknowledges and agrees that each member of the group of companies of which DIE AUTOFLASHER GMBH is the parent company is a third party beneficiary of the Terms and that such other companies are entitled to directly enforce and rely upon any provision of the Terms that confers a benefit (or rights in favour) upon them. Other than the foregoing, no other persons or entities are third party beneficiaries of the Terms.

20.7 The Terms and the User’s relationship with DIE AUTOFLASHER GMBH under the Terms shall be governed by Austrian law without regard to its conflict of law provisions. The user and DIE AUTOFLASHER GMBH agree to submit to the exclusive jurisdiction of the courts in the judicial district of Austria (AT). Notwithstanding the foregoing, the User agrees that DIE AUTOFLASHER GMBH shall be entitled to seek injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.