AGB
General Terms and Conditions B2B autoflasher.de
Terms of Use
1. These General Terms and Conditions apply to all business relationships 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. Therefore, the business partner has no right of withdrawal.
However, contractual provisions or legal regulations for withdrawal from a contract may apply, e.g., in cases of defects or non-fulfillment of contractual obligations.
It is important that our business partners familiarize themselves with the applicable legal provisions and contractual regulations and take these into account in their contracts with us. Our company is always available to our business partners for any questions regarding the legal aspects of our business relationships.
1.1 The use of DIE AUTOFLASHER GMBH products, software, services, and websites (hereinafter collectively referred to as “Services” and excluding any services provided by DIE AUTOFLASHER GMBH under a separate written agreement) is subject to the terms of a legally valid agreement between the user and DIE AUTOFLASHER GMBH. “DIE AUTOFLASHER GMBH” is defined as DIE AUTOFLASHER GMBH, whose principal place of business is at Sportplatzgasse 32b, in 2443 Leithaprodersdorf, Austria, and its subsidiaries, affiliated companies, and partners. This document defines the legal agreement and sets forth 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 set forth in this document. These will hereinafter be referred to as “General Terms”.
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 of these are referred to as “Additional Terms”. If additional terms apply to a service, they will be made available to the user either within or through the use of the respective service.
1.4 The General Terms together with the Additional Terms constitute a legally binding agreement between the user and DIE AUTOFLASHER GMBH regarding the use of the Services. It is important that the user takes the time to read them carefully. Collectively, this legal agreement will hereinafter be referred to as “Terms”.
1.5 In the event of a conflict between the Additional Terms and the General Terms, the Additional Terms shall prevail concerning that service.
2. Acceptance of the Terms
2.1 To use the Services, the user must first accept the Terms. The Services may not be used if the Terms are not accepted.
2.2 The user can accept the Terms by: (a) clicking the checkbox to accept or agree to the Terms when this option is provided by DIE AUTOFLASHER GMBH in the user interface for any Service; or (b) by actually using 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 from that point on as acceptance of the Terms.
2.3 The user may not use the Services and may not 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 prohibited from receiving the Services under the laws of Austria or other countries, including the country in which the user resides or from which they use the Services.
2.4 Before proceeding, the user should print or save a copy of the Universal Terms for their records.
3. Language of the Terms
3.1 If DIE AUTOFLASHER GMBH has provided the user with a translation of the German version of the Terms, the user agrees that the translation is provided for convenience only and that the German version of the Terms governs the user’s relationship with DIE AUTOFLASHER GMBH.
3.2 In the event of a conflict between the German version of the Terms and the translated version, the German version shall prevail.
4. Provision of Services by DIE AUTOFLASHER GMBH, its affiliates, or partners
4.1 DIE AUTOFLASHER GMBH has subsidiaries and affiliated legal entities worldwide (“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 entitled to provide the Services to them.
4.2 DIE AUTOFLASHER GMBH is constantly innovating to provide the best possible experience to its users. The user acknowledges and agrees that the form and nature of the Services provided by DIE AUTOFLASHER GMBH may change from time to time without prior notice.
4.3 As part of this ongoing innovation, the user acknowledges and agrees that DIE AUTOFLASHER GMBH may (permanently or temporarily) stop providing the Services (or any features within the Services) to the user at its sole discretion, with a notice period of 24 hours via email. The user may suspend, interrupt, and/or terminate the use of the Services at any time. It is not necessary to explicitly inform DIE AUTOFLASHER GMBH of the suspension, interruption, or termination of the Services by the user.
4.4 The user acknowledges and agrees that if DIE AUTOFLASHER GMBH disables the user’s access to their account for compelling reasons (e.g., insolvency, abusive use of the Services, etc.), the user may be prevented from accessing the Services, account data, files, or other content contained in the user’s account.
4.5
4.6 DIE AUTOFLASHER GMBH products and software have separate costs, and purchasing the hardware does not automatically include the software purchase. After receiving the purchased product, the user must send an email to DIE AUTOFLASHER GMBH to request software activation. The user will receive an email with a link to download the software via the registration portal. The validity of the ticket system is 365 days from the activation date.
4.7 The user acknowledges and agrees that DIE AUTOFLASHER GMBH requires an annual subscription fee from all users. This fee is due one (1) year after the activation of a new Autoflasher tool and varies depending on the tool model. The subscription costs are displayed on the DIE AUTOFLASHER GMBH website. If this subscription is not renewed, access to the tool’s features will be restricted, and the limited lifetime warranty offered by DIE AUTOFLASHER GMBH on the tool will be limited to twenty-four (24) months from the original activation date.
(Further terms continue…)
10. License of DIE AUTOFLASHER GMBH, its affiliates, or partners
10.1 DIE AUTOFLASHER GMBH grants the user a personal, worldwide, non-transferable, and non-exclusive license to use the software provided by DIE AUTOFLASHER GMBH as part of the services provided by DIE AUTOFLASHER GMBH (hereinafter referred to as “Software”). This license is granted solely for the purpose of enabling the user to use and enjoy the benefits of the services provided by DIE AUTOFLASHER GMBH in a manner allowed under the terms.
10.2 The user shall not copy, modify, create a derivative work, reverse engineer, decompile, or otherwise attempt (and shall not allow anyone else to) do so, unless expressly permitted or required by law or specifically allowed in writing by DIE AUTOFLASHER GMBH.
10.3 Unless DIE AUTOFLASHER GMBH provides express written consent, the user may not assign their rights to use the Software (or grant sublicenses), pledge rights to or over their rights to use the Software, or otherwise transfer any part of these rights.
11. User’s Content License
11.1 The user retains copyright and all other rights to any content they submit via the services. By submitting content, the user grants DIE AUTOFLASHER GMBH an irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute all content submitted by the user via the services. This license is solely for the purpose of allowing 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 performing the necessary technical steps to provide the services to its users, (a) DIE AUTOFLASHER GMBH may transfer or distribute this content across various public networks and in various media; and (b) make the necessary changes to the content to adapt it to technical requirements for connecting networks, devices, services, or media. The user agrees that this license allows DIE AUTOFLASHER GMBH to take these actions.
11.3 The user confirms and guarantees to DIE AUTOFLASHER GMBH that they have all the rights, powers, and authority required to grant the above license.
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, extend, and develop the services and may include bug fixes, enhanced features, new software modules, and entirely new versions. The user agrees to receive such updates as part of their use of the services (and allows DIE AUTOFLASHER GMBH to deliver them).
13. Termination of the Relationship with DIE AUTOFLASHER GMBH, its Affiliates, or Partners
13.1 The terms will continue in effect until they are terminated by either the user or DIE AUTOFLASHER GMBH as described below.
13.2 If the user wishes to terminate their legal agreement with DIE AUTOFLASHER GMBH, they may do so by (a) notifying DIE AUTOFLASHER GMBH at any time and (b) closing the accounts for all services used, if DIE AUTOFLASHER GMBH has provided this option. The notification should be sent in writing to the DIE AUTOFLASHER GMBH headquarters as provided at the beginning of these terms.
13.3 DIE AUTOFLASHER GMBH may terminate its legal agreement with the user at any time if:
(a) they have violated any provision of the terms (or acted in a manner that clearly shows they do not intend or are unable to comply with the terms); or
(b) DIE AUTOFLASHER GMBH is legally required to do so (e.g., if providing the services to the user becomes or is illegal); or
(c) the partner through whom DIE AUTOFLASHER GMBH offered the services to the user has terminated their relationship with DIE AUTOFLASHER GMBH or ceased offering the services to the user; or
(d) DIE AUTOFLASHER GMBH ceases to provide services to users in the country where the user resides or from which the user accesses the service; or
(e) providing the services to the user becomes economically unfeasible for DIE AUTOFLASHER GMBH.
13.4 Nothing in this section affects the rights of DIE AUTOFLASHER GMBH regarding the provision of services under Section 4 of the terms.
13.5 When these terms expire, all legal rights, obligations, and liabilities that the user and DIE AUTOFLASHER GMBH have benefited from (or that arose during the period the terms were in force) or that are expressly referred to will continue indefinitely and remain unaffected by this termination, and the provisions of paragraph 20.7 will continue to apply to these rights, obligations, and liabilities indefinitely.
14. Disclaimer of Warranty
14.1 Nothing in these terms, including Sections 14 and 15, shall exclude or limit the warranty or liability of DIE AUTOFLASHER GMBH for losses that cannot be excluded 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 losses or damages caused by negligence, breach of contract, or violation of implied conditions, or for incidental or consequential damages. Accordingly, only the limitations that are legally permissible in the user’s jurisdiction apply, and the liability of DIE AUTOFLASHER GMBH is limited to the maximum extent permitted by law.
14.2 The user understands and expressly agrees that their use of the services is at their sole risk, and that the services are provided “as is” and “as available.”
14.3 In particular, DIE AUTOFLASHER GMBH, its subsidiaries, affiliates, and licensors make no representation or warranty to the user that:
(a) the use of the services by the user will meet their requirements,
(b) the use of the services by the user will be uninterrupted, timely, secure, or error-free,
(c) all information that the user obtains as a result of their use of the services is accurate or reliable, and
(d) any defects in the operation or functionality of the 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 is done at the user’s discretion and risk, and the user is solely responsible for any damage to their system or loss of data that results from downloading such material.
14.5 No oral or written advice or information provided by DIE AUTOFLASHER GMBH or through or from the services creates a warranty not expressly stated in these terms.
14.6 DIE AUTOFLASHER GMBH also 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 DIE AUTOFLASHER GMBH, its subsidiaries, affiliates, and licensors, and their respective directors, officers, employees, contractors, and agents are not liable for:
(a) any direct, indirect, incidental, special, consequential, or exemplary damages that the user may suffer, regardless of the cause and under any theory of liability. This includes, without limitation, loss of profit (whether direct or indirect), loss of business goodwill or reputation, data loss, costs of procurement of substitute goods or services, or other intangible losses;
(b) any losses or damages the user may suffer, including but not limited to losses or damages resulting from:
(I) any reliance by the user on the completeness, accuracy, or existence of any advertisements or as a result of any relationship or transaction between the user and any advertiser or sponsor whose advertisement appears on the services;
(II) any changes made by DIE AUTOFLASHER GMBH to the services or for any permanent or temporary cessation of the provision of the services (or features within the services);
(III) the deletion, damage, or failure to store content and other communication data maintained or transmitted by or through the use of the services by the user;
(IV) the user’s failure to provide accurate account information to DIE AUTOFLASHER GMBH;
(V) the user’s failure to maintain the security and confidentiality of their password or account details;
15.2 The limitations of liability of DIE AUTOFLASHER GMBH to the user in paragraph 15.1 above apply regardless of whether DIE AUTOFLASHER GMBH was 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 despite the above limitations concerning the services, that liability is limited to the fees paid to DIE AUTOFLASHER GMBH for the services.
16. Copyright and Trademark Guidelines
16.1 It is DIE AUTOFLASHER GMBH’s policy to respond to notices of alleged copyright infringement in accordance 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. These advertisements may be targeted based on the content of the information stored in the services, queries submitted via the services, or other information.
17.2 The nature, mode, and scope of advertising by DIE AUTOFLASHER GMBH in the services may change without special notice to the user.
18. Other Content
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 websites or resources and does not endorse any advertising, products, or other materials on or from such websites or resources.
18.3 The user acknowledges and agrees that DIE AUTOFLASHER GMBH is not liable for any loss or damage that the user may incur due to the availability of such external sites or resources or due to the user’s reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on or from such websites or resources.
19. Changes to the Terms
19.1 DIE AUTOFLASHER GMBH may make changes to the terms or additional terms from time to time. Any new additional terms will be made available to the user within or through the affected services.
19.2 The user understands and agrees that by using the services after the date on which the terms or additional terms have changed, their use will be treated as acceptance of the updated terms or additional terms.
20. General Legal Provisions
20.1 In using the services, the user may (as a result of or through their use of the services) use a service, download part of the software, or purchase goods provided by a third party or company. The use of these third-party services, software, or goods may be subject to separate terms between the user and the relevant third party or person. In such cases, the terms do not affect the legal relationship with these third-party companies or individuals.
20.2 These 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 replace all previous agreements between the user and DIE AUTOFLASHER GMBH regarding the services.
20.3 The user agrees that DIE AUTOFLASHER GMBH may send them notices, including changes to the terms, via email, mail, or postings within the services.
20.4 The user agrees that if DIE AUTOFLASHER GMBH does not exercise or enforce any legal rights or remedies under these terms (or that DIE AUTOFLASHER GMBH is entitled to under applicable law), this does not constitute a formal waiver of DIE AUTOFLASHER GMBH’s rights, and such rights or remedies remain available to DIE AUTOFLASHER GMBH.
20.5 If a court with jurisdiction over this matter determines that any provision of these terms is invalid, that provision will be removed from the terms without affecting the remainder of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
20.6 The user acknowledges and agrees that each member of the corporate group whose parent company is DIE AUTOFLASHER GMBH is an intended third-party beneficiary of these terms and is entitled to directly enforce any provision of these terms that confers a benefit (or rights in favor) on them. Except as provided, no other persons or companies are third-party beneficiaries of these terms.
20.7 The terms and the relationship between the user and DIE AUTOFLASHER GMBH under these terms are governed by Austrian law, without regard to its conflict of laws provisions. The user and DIE AUTOFLASHER GMBH agree to submit to the exclusive jurisdiction of the courts in Austria (AT). Notwithstanding this, the user agrees that DIE AUTOFLASHER GMBH may seek injunctive relief (or equivalent urgent legal remedies) in any jurisdiction.
