User Agreement

User Agreement for Byte Performance

1. General Provisions

1.1. Byte-Performance offers Internet users (hereinafter – the “User”) the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the “Agreement”, “User Agreement”). This Agreement takes effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.

1.2. Byte-Performance offers Users access to services including uploading, checking and modification (enhancements) of files. The currently available services as well as their development and/or addition of new services is also part of this Agreement. 

1.3. The use of Byte-Performance services is regulated by this Agreement, Privacy Policy and terms of services. This Agreement may be altered by Byte-Performance without notice, and a new version of this Agreement will take effect when posted online at the web address given in this paragraph, unless otherwise stated in the new version of this Agreement. The current version of this User Agreement is always available at /Adresse (Homepage)/. 

1.4. By starting the use of any services, functions or registering, the User is deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any parts of this Agreement, the User must not use Byte-Performance services. If Byte-Performance makes any changes or additions to this Agreement as prescribed by Clause 1.3 to which the User does not agree, the User must cease to use any services from Byte-Performance. 

2. User Registration. User Account.

2.1. To use certain Byte-Performance services or specific functions of services, the User has to complete registration to create a unique User-account.

2.2. Upon registration the User has to provide valid, truthful and complete information asked for in the registration form. If the User provides invalid information or Byte-Performance has reasons to believe that the information given by the User is incomplete or invalid, Byte-Performance may at its discretion deactivate, block or delete the User’s account or deny the User the right of any services (or certain functions).

2.3. Byte-Performance reserves the right to require at any time that the User verifies the information provided with the registration and to request supporting documents. Failure to provide these documents may, at Byte-Performance‘s discretion, be regarded as provision of invalid information and can bring consequences as described in Clause 2.2. In case the User's information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided at time of the registration does do not make it possible to identify the User, Byte-Performance reserves the right to block the User's access to the User account and to the usage of Byte-Performance services.

2.4. Any Users personal information contained in the User account will be stored and processed by Byte-Performance according to the Privacy Policy (/ADRESSE/ privacy policy).

2.5. Ways of access to the User account.
2.5.1. Upon registration the User has to provide a valid email address (will be used as the login) and unique password to access the account. Byte-Performance may not allow the use of some logins and impose other requirements on the login and password (length, special symbols, etc.).

2.6. The User is responsible for security of the chosen means of access to the personal account and for confidentiality of such means. The User is responsible for any actions (and their consequences) in and with Byte-Performance services through the User’s account including transfer of the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Byte-Performance services performed through the User’s account will considered done by the User, except for the cases when the User as prescribed by Clause 2.7 notifies Byte-Performance of unauthorized access to Byte-Performance services through the User’s private account and/or any other breach (alleged breach) of confidentiality of the chosen ways of access to the private account.

2.7. The User has to promptly inform Byte-Performance of any unauthorized access to Byte-Performance services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen ways of access to the private account. For security reasons, the User needs to log out after completing each session (Log Out button) of using the User account area from Byte-Performance.Byte-Performance is responsible for any potential loss or damage of information as well as any other consequences coming as a result of failure by the User to comply with this part of this Agreement.

2.8. Account use by the User.
2.8.1. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Byte-Performance services (including content available to the User through Byte-Performance‘s services) or access to Byte-Performance services, except when authorized by Byte-Performance or it is directly stated in the user agreement for any service.

2.9. Account termination.
2.9.1. Byte-Performance may deactivate or delete the User’s account as well as forbid access through any accounts to certain Byte-Performance services and delete any content without providing reasons including in case the User breaks the tagged on terms of this Agreement and terms of any documents listed in Clause 1.3 and in case of failure to use a Byte-Performance service.

2.10. User account deletion.
2.10.1. The User can delete his/hers account at any time if such an option is available. To Terminate the account in respect of Byte-Performance services the User must send a request to Byte-Performance‘s support service:

3. General Usage and Storing Provisions

3.1. Byte-Performance may set restrictions on the use of services for all Users or some categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing tasks or files and any other content, maximum number of tasks or files by one registered user, maximum size of an file or disc space, maximum number of services used in a certain period of time, maximum period of content storage, special parameters of downloadable content, etc. Byte-Performance may forbid automatic requests to its servers as well as terminate/block/delete acceptance of any automatically generated information or requests.

3.2. Byte-Performance may send information messages to its users. 

4. User Content

4.1. The user is responsible for complying with all applicable user-submitted content, including the responsibility to third parties, if the publication of content or its content by the user is based on the rights and legitimate interests of third parties, including personal non-proprietary rights. Copyright, other intellectual property rights of third parties and / or interference with other intangible assets.

4.2. The User acknowledges and agrees that the Byte-Performance can use the Users content at its discretion and can reproduce content for compliance with technical requirements of a particular service. 

5. Terms of Byte-Performance Service Use

5.1. The User is held responsible to third parties for any actions related to the use of Byte-Performance service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance to laws in relation to the Byte-Performance service.

5.2. Upon using Byte-Performance service, the User must not:
5.2.1. break third party rights and/or underage people and/or cause harm to anyone or anything any way;
5.2.2. impersonate any other person.
5.2.3. assist anyone in any way to violate the terms and conditions described in this Agreement;
5.2.4. violate legal standards including all national and international laws.

6. Exclusive Rights to Services and Content

6.1. Anything available through Byte-Performance services including design elements, ECU files, text, graphics, illustrations, video, software, databases and other objects also content provided as a „modified file“ as well as any content posted at Byte-Performance services are exclusive property of Byte-Performance, Users and other right holders. 

7. No Guarantees, Limitation of Liability

7.1. The User is using Byte-Performance at his/hers own risk. Software is provides as is.
Byte-Performance takes no responsibility, including for the compliance of the services with the user's intention;

7.2. Byte-Performance does not guarantee that services comply with the User's requirements; that services will be provided without interruptions, promptly, and without errors; that results received with the use of services are accurate with the users wishes and reliable and may be used for any purposes (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations;

7.3. Any information or objects (including ECU files, software, messages and instructions etc.) the User accesses through Byte-Performance services are used by the User at his own risk and the User is responsible for all possible consequences of the use of such information, materials including damage to the User’s computer, third parties and damage to the User’s vehicle or third parties or any other damage;

7.4. Byte-Performance is liable for any losses resulting from the User using Byte-Performance services (including ECU files, software, messages and instructions etc.).

7.5. If the User has problems or does not agree with any provides services, software and/or ECU files from Byte-Performance he should contact the Byte-Performance support:

8. Other Provisions

8.1. This Agreement is an agreement between the User and Byte-Performance regarding the procedure of using services and shall replace all previous agreements between the User and Byte-Performance.

8.2. This Agreement is not about any kind of agency or employment.
Only the terms stated in the Agreement are valid between the User and Byte-Performance.

8.3. If for any reasons one or more parts of this Agreement are declared invalid or impossible to enforce, it will not affect the validity or enforceability of the remaining parts of the agreement.

8.4. Failure by Byte-Performance to act in case of violation or misshandling by the User of the parts and clauses in this Agreement will not take Byte-Performance the right to take action to protect its interests in the future and can not be interpreted as waiver by Byte-Performance of its rights in case of any future similar violations of this Agreement. 

9. Refund policy

9.1. The maximum time in which the user is entitled to the quality of the processed files is 30 days. The beginning of those 30 days is the time of payment of the processed ECU file. With each processed ECU file the 30 day period will start from new, but does not affect any previous processed file, therefore can not renew any other 30 day period from other processed files.

9.2. In case of a problem with a processed ECU file the User has to send an E-Mail message to Byte-Performance’s support:
Any messages sent not to the above mentioned E-Mail address regarding any kind of refund or problem from a processed ECU file will not be answered.

9.3. The user must provide information about any processed ECU file regarding the Refund, Problem or Error. (detailed information about the vehicle, problem, photos, screenshots, videos, description of errors) To enable Byte-Performance to give a Refund Byte-Performance requires proof of Errors or unsuitability.

9.4. Byte-Performance has the main right to fix any issues with processed ECU files.
Therefore the User has to wait with any further actions until further notice from Byte-Performance.

9.5. Byte-Performance will take at least 3 tries to fix any potential error or problem before a Refund can be done. 

10. Update policy for tuning-files

10.1. If a users vehicle or a users customers vehicle gets reprogrammed by a dealer/workshop
he needs to buy another modified ECU file.
10.2. If a problem or error appears within 30 day of purchase of a processed ECU file the User is entitled to receive a cost free update to fix any potential problem or error.
10.3. If a problem or error appears after 30 days of purchase of a processed ECU file it can no be proved that this problem or error comes from the processed ECU file therefore a new ECU file needs to be purchased, except the User can provide legitimate proof of the problem or error being caused by the processed ECU file in which case a cost free update will be provided by Byte-Performance.