Terms of Service (AGB) – DEEPXCLUSIVE SARLS
1. General Information

The company DEEPXCLUSIVE SARLS, represented by Tom ROSSLER, Daniel CONRARDY, and Antonio AMARAL,
registered under RCS Luxembourg No. B249026,
~located at 20, Rue d’Arlon, L-9155 Grosbous, Luxembourg,
VAT-ID: LU32633157,
Tel: ‪+352 838072201‬,
Email: info@deepxclusive.com
,
(hereinafter referred to as “COMPANY”),
offers and sells automotive tuning software, hardware, and related digital services via its online platform.

Unless otherwise agreed in writing, these Terms and Conditions apply to all orders and services provided by COMPANY.

2. Offers and Contract Conclusion

All offers on the COMPANY’s website are non-binding and subject to change.

A contract is concluded when an order is placed by the buyer and accepted by COMPANY, either automatically through the website or by written confirmation.

COMPANY reserves the right to refuse any order without giving reasons.

All prices and information on the website are created with great care; however, errors and omissions are excepted. COMPANY is entitled to correct obvious mistakes without liability.

3. Prices and Payment

All prices are stated in Euro (EUR) and include VAT where applicable.

Payment can be made via PayPal, bank transfer, or via Credits purchased in advance through the online platform.

Credits are non-transferable and non-refundable, except in cases where COMPANY cancels or cannot fulfill an order.

COMPANY may adjust prices annually to reflect market conditions or inflation. Updated prices are always displayed in the online shop.

4. Refund Policy

Since COMPANY provides digital goods (software, tuning files) that are immediately available for download,
the right of withdrawal (revocation) under EU consumer law does not apply once the digital delivery or download has begun.

Refunds are therefore only possible in the form of credits (not cash) and only if:

the ordered file or service was not delivered, or

the delivered file was technically faulty and could not be repaired.

Once a file has been downloaded or accessed, the sale is final and non-refundable.

By placing an order, the buyer expressly agrees to this refund policy.

5. Delivery of Digital Products (Tuning Files)

COMPANY processes only unencrypted ECU files from supported master devices or from its own slave structure.

After the order and payment via credits, COMPANY will process and provide the requested tuning file within approximately 1 hour to 1 business day.

Delivery times are indicative only. A delay does not entitle the buyer to withdraw from the contract or claim compensation.

6. Delivery of Hardware or Physical Goods

Hardware is shipped to the buyer’s address provided at checkout.

Once the product is handed over to the shipping carrier, the risk passes to the buyer.

The buyer must inspect the goods immediately upon receipt and report any visible defects within 5 days.

Shipping costs and import duties (if applicable) are borne by the buyer.

7. Intellectual Property

All delivered software, tuning files, and other digital products remain the intellectual property of COMPANY.

The buyer receives a non-exclusive, non-transferable license to use the files solely for their intended purpose.

Resale, duplication, sharing, or public distribution of COMPANY’s products is strictly prohibited.

In the event of a violation, the buyer agrees to pay a contractual penalty of €3,000, in addition to any further damages claimed by COMPANY.

8. Liability and Warranty

COMPANY guarantees that defective or non-functional files will be corrected or replaced free of charge.

However, COMPANY assumes no liability for:

incorrect installation or misuse of software,

damages caused by improper modifications,

data loss, performance issues, or vehicle malfunction,

any legal consequences resulting from modified vehicles (e.g., loss of warranty, emissions compliance, registration).

COMPANY’s total liability is limited to the purchase price of the affected product or service.

9. Legal Use and Buyer Responsibility

The buyer acknowledges that any software modifications may alter vehicle characteristics and that such modifications may invalidate the vehicle’s registration or warranty if not properly certified.

COMPANY products are provided for off-road, motorsport, or research use only, unless otherwise stated.

The buyer bears full responsibility for compliance with applicable laws and regulations in their country.

10. Data Protection

COMPANY processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Luxembourg Data Protection Act.

Details regarding data processing and user rights are available in the Privacy Policy on COMPANY’s website.

11. Force Majeure

COMPANY shall not be held liable for delays or non-performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, power outages, strikes, transport delays, or government restrictions.

12. Termination and Account Suspension

COMPANY reserves the right to suspend or terminate any user account without prior notice if misuse, fraud, or a violation of these Terms is detected.

13. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
The invalid clause will be replaced by a lawful provision that best reflects the intended purpose.

14. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the Grand Duchy of Luxembourg.

The exclusive place of jurisdiction for all disputes arising from these Terms is the competent court in Luxembourg City, Luxembourg.

✅ Summary of Key Buyer Obligations (for transparency only)

(This summary is for clarity and convenience only. The full Terms above remain legally binding.)

Refunds are provided only in credits, not as cash refunds.

Once a digital file is downloaded, the sale is final and non-refundable.

The buyer is responsible for legality and correct installation of any tuning files.

COMPANY’s liability is limited to direct damages up to the value of the product.

📘 Last updated: [10/2025]
© 2025 DEEPXCLUSIVE SARLS – All rights reserved.