Terms of Service
Autoflasher GmbH – AutoFlashLog Software & Services
1 Scope
1.1 These General Terms and Conditions (hereinafter "Terms") apply to all contracts concluded between
Betriebsring 4 / Building 2
A-2483 Ebreichsdorf, Austria
Tel.: +43 664 2036863
E-Mail: info@autoflasher.de
Managing Director: Ionut Florin Merca
VAT ID: ATU77225227
(hereinafter "Provider") and the customer (hereinafter "Customer") via the websites autoflashlog.com and vehicledatabase.eu.
1.2 The Provider's products and services are directed exclusively at business customers (B2B) within the meaning of § 1 KSchG. By placing an order, the Customer confirms that they are acting as a business in the course of their commercial or independent professional activity – in particular as a professional chip tuner, automotive workshop or vehicle diagnostics service provider.
1.3 Any deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to them in writing.
2 Subject Matter
2.1 The subject matter of these Terms is the granting of usage rights to software (licensing), the sale of hardware and the provision of API services. Specifically:
- AutoFlashLog Software License – Desktop ECU data logger software (single license, 799 EUR)
- AutoFlashLog Bundle – Data logger incl. diagnostics functions (single license, 1,499 EUR)
- AutoFlashLog Diagnostics Upgrade – Extension of an existing license with diagnostics functions (699 EUR)
- OBD2 J2534 Adapter – Hardware device (149 EUR)
- VehicleDatabase.eu API Portal – Subscription-based API access plans (Standard, Advanced, Professional; monthly or annual)
2.2 Software is licensed exclusively, not sold. The Customer does not acquire ownership of the software, but a simple, non-transferable right of use pursuant to the license terms set out in § 6 of these Terms.
2.3 All intellectual property rights (copyright, trademarks, patents, know-how) in the software and API services remain with the Provider.
3 Contract Formation
3.1 The presentation of products on the website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).
3.2 By completing the order process and clicking the "Buy now" or "Subscribe" button, the Customer submits a binding offer to conclude a contract.
3.3 The contract is concluded when the Provider accepts the order by sending an order confirmation by e-mail or performs the service (provision of the download, dispatch of the hardware or activation of API access).
3.4 The contract text (order data, Terms) will be sent to the Customer by e-mail. The Terms are available at any time at autoflashlog.com/en/agb.html.
4 Prices and Payment
4.1 All prices stated on the website are in euros (EUR) and are net prices plus the applicable statutory VAT, unless otherwise stated.
4.2 Payment is made via the payment service provider Stripe by credit card. The invoice amount is due upon conclusion of the contract.
4.3 For business customers with a valid VAT identification number (VAT ID) from another EU member state, the reverse charge procedure applies pursuant to Art. 196 of the VAT Directive (2006/112/EC). In this case, the Customer owes the VAT in their country of establishment. The Provider verifies the VAT ID via the VIES system.
4.4 For API subscriptions (VehicleDatabase.eu), billing occurs monthly or annually in advance depending on the selected plan. Renewal is automatic unless cancelled before the end of the respective term.
4.5 In the event of late payment, the statutory provisions of the Austrian Commercial Code (UGB) apply. The Provider is entitled to charge default interest at a rate of 9.2 percentage points above the base interest rate.
5 Delivery and Provision
5.1 Software licenses and upgrades are made available as digital downloads after receipt of payment. Access credentials are sent by e-mail to the e-mail address provided by the Customer. Provision is generally immediate, but at the latest within 24 hours of receipt of payment.
5.2 API access (VehicleDatabase.eu) is automatically activated after receipt of payment. API keys and documentation are provided via the customer portal.
5.3 Hardware (OBD2 J2534 Adapter) is dispatched within 3–7 business days of receipt of payment to the delivery address provided by the Customer. Shipping costs are shown separately during the order process. The risk of accidental loss passes to the Customer upon handover to the carrier for B2B customers.
6 License Terms
6.1 The Provider grants the Customer a simple (non-exclusive), non-sublicensable right to use the software. The license is granted for an unlimited period, provided the Customer complies with the license terms.
6.2 HWID binding: Each software license is bound to a unique hardware ID (HWID) of the Customer's computer. Use of the software is permitted exclusively on the registered device.
6.3 License transfer: The Customer has the right to transfer the HWID binding once (1x) per calendar year to a new hardware ID free of charge. The transfer is requested via the customer portal or by contacting support. Further transfers within the same calendar year are only possible with the Provider's consent.
6.4 The Customer is prohibited from:
- decompiling, disassembling, reverse engineering or otherwise decoding the software, except to the extent mandatorily permitted by § 40e UrhG;
- copying, distributing, renting, leasing or sublicensing the software;
- circumventing or removing technical protection measures (DRM, license keys, HWID binding);
- using the software for unlawful purposes, in particular for modifications that violate traffic regulations or emissions regulations.
6.5 In the event of a breach of the license terms, the Provider is entitled to suspend or revoke the license with immediate effect. The Provider's claims for damages remain unaffected.
7 Right of Withdrawal
7.1 Since the Provider supplies exclusively to businesses (B2B), there is no statutory right of withdrawal pursuant to the Austrian Distance and Off-Premises Contracts Act (FAGG).
7.2 Digital content: To the extent that consumer law were to apply exceptionally, the Customer expressly agrees that the Provider begins performance of the contract (provision of the download / activation of the license) immediately, and acknowledges that they lose their right of withdrawal pursuant to § 18(1)(11) FAGG upon commencement of performance.
7.3 Hardware: The statutory warranty period applies to the OBD2 J2534 Adapter. No voluntary right of return beyond this is granted.
8 Warranty and Liability
8.1 The Provider warrants that the software, when used properly, substantially corresponds to the functions specified in the product description. The warranty period for businesses is 12 months from provision (§ 933 ABGB).
8.2 For hardware (OBD2 J2534 Adapter), the warranty period is 24 months from delivery pursuant to the statutory provisions.
8.3 The Provider's liability for slight negligence is excluded to the extent permitted by law (§ 349 UGB). This does not apply to personal injury.
8.4 Liability for loss of profit, data loss, indirect damages and consequential damages is excluded to the extent permitted by law.
8.5 The Provider's liability is in any case limited to the net purchase price paid by the Customer for the product in question.
8.6 The Customer is solely responsible for compliance with all legal requirements when using the software and hardware. The Provider is not liable for damages arising from improper use, illegal vehicle modifications or violations of emissions regulations.
9 API Usage (VehicleDatabase.eu)
9.1 Access to the VehicleDatabase.eu API Portal is offered as a subscription service in the Standard, Advanced and Professional plans (monthly or annual billing).
9.2 Use of the API is subject to the applicable API terms of use and fair use policies, which can be viewed in the customer portal. The Provider reserves the right to block API access keys in the event of abusive use (in particular if the query quotas included in the plan are exceeded, automated scraping or resale of data).
9.3 The Provider aims for API availability of 99.5 % on an annual average. Maintenance windows will be announced in advance where possible. No guarantee of uninterrupted availability is given.
9.4 API subscriptions may be cancelled at any time effective at the end of the respective billing period. Cancellation is made via the customer portal or by e-mail to info@autoflasher.de. Already paid periods will not be refunded on a pro-rata basis.
10 Data Protection
10.1 The Provider processes the Customer's personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
10.2 Details on data processing, the Customer's rights and the processors used can be found in the Privacy Policy.
10.3 Payment processing is handled by Stripe, Inc. Payment data is processed directly by Stripe; the Provider does not store complete credit card details.
11 Final Provisions
11.1 Austrian law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules of private international law (IPRG).
11.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the competent court at the Provider's registered office (District Court / Regional Court Wiener Neustadt), to the extent permitted by law.
11.3 Should individual provisions of these Terms be wholly or partially invalid or unenforceable, or become so, this shall not affect the validity of the remaining provisions (severability clause). The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
11.4 Amendments and additions to these Terms require written form. This also applies to the waiver of this written form requirement.
11.5 The Provider reserves the right to amend these Terms at any time with effect for the future. Existing contracts are not affected by changes. For ongoing subscriptions, the Customer will be informed of changes by e-mail at least 30 days before they take effect.