Allgemeine Geschäftsbedingungen (AGB)

These Terms and Conditions (T&Cs) govern the use of the tool (hereinafter referred to as "online.dunt.at"), which allows users to upload, modify, and download files. Additionally, they regulate the purchase and use of digital services and software licenses via the integrated webshop. By using the tool and making purchases, you accept these T&Cs in their current version, subject to any mandatory statutory rights applicable to consumers.

1. The tool enables users to upload files, modify them, and download the edited files.
2. The use of the tool is permitted for both private and commercial purposes. In particular, any ECU modifications generated with the tool are not approved for use on public roads and are strictly limited to motorsport, testing, and dynamometer purposes.
3. The user is responsible for the content of the files they upload and agrees not to upload any content that violates applicable law or public morals.
4. The user agrees not to use the tool in a way that could impair its functionality, interfere with other users, or overload the operator's servers.
5. The user agrees not to attempt to circumvent technical limitations, security mechanisms, usage limits, licensing restrictions, or other protective measures of the tool.
6. The user is responsible for keeping their login data confidential and agrees not to share it with third parties. The sale, transfer, sharing, or lending of user accounts without the explicit consent of the operator is strictly prohibited.
7. The use of the tool is generally permitted in the country specified in the web panel up to 90% of the time. This is based on regional licensing and usage conditions. However, exceptions may apply in border regions, allowing limited use in neighboring countries. The user is responsible for ensuring compliance with the respective national regulations and laws.
8. License Restrictions - The license to use the tool is limited to a single natural person or a single legal entity (company). It is strictly prohibited to integrate the tool or any part of its functionality – including, but not limited to, the API or integration with WinOLS – into other software products, platforms, or services, whether for internal or external use, resale, sublicensing, or provision to third parties. Any use of the tool beyond individual use or internal company purposes – particularly integration into third-party software, automated systems, commercial platforms, file services, or white-label solutions – is only permitted with the prior express written consent of the operator.
9. Solutions and Provided Content - Solutions, modification data, patches, files, instructions, descriptions, technical information, and other content provided through the tool are intended solely for the licensed user or the licensed company. Such content may not be shared, distributed, published, resold, transferred, uploaded to other platforms, or otherwise made available to third parties without the prior express written consent of the operator.
10. Protection of Solutions and Database Content - The systematic extraction, copying, reproduction, collection, downloading, scraping, reverse engineering, or creation of a separate database based on solutions, modification data, instructions, patches, technical information, or other content provided through the tool is strictly prohibited. This prohibition applies to both manual and automated collection and includes the use of such content for competing products, competing services, external databases, training datasets, artificial intelligence systems, third-party platforms, or similar services.
11. Automated Access - Automated access to the tool using bots, scripts, crawlers, scrapers, automated browsers, or similar mechanisms is prohibited unless such access takes place through an interface or API expressly provided and authorized by the operator for this purpose. Usage of an authorized API remains subject to the applicable license, usage limits, and technical restrictions.
12. Suspension in Case of Misuse - In the event of reasonable indications of account sharing, unauthorized distribution of solutions, automated extraction of data, circumvention of technical restrictions, attacks on the platform, or other material violations of these T&Cs, the operator may temporarily restrict or suspend access to the tool while the matter is investigated. In the event of a serious or repeated violation, the operator may terminate the affected license or account in accordance with applicable law. Mandatory statutory rights of consumers remain unaffected.

By placing an order in the webshop, the customer submits a binding offer to conclude a contract. The order confirmation is sent automatically via email. The contract is concluded upon receipt of this confirmation, unless otherwise indicated during the ordering process.

1. Unless otherwise stated, all prices include the applicable VAT (Value Added Tax).
2. The available payment methods may include:
   • PayPal
   • Credit card and other payment methods processed via Stripe
   • Bank transfer
   The payment methods actually available for a specific order are displayed during the checkout process.
3. Payment is due immediately unless otherwise stated during checkout. Activation or processing of the order may take place only after successful payment or confirmation of payment.

Software licenses and digital services are generally activated electronically after successful payment or payment confirmation. No physical products will be shipped unless expressly stated otherwise. The services offered under these T&Cs are primarily provided digitally.

1. Unless expressly stated otherwise, the purchase of a license or subscription does not transfer ownership of the software, platform, databases, solutions, algorithms, technical information, or other intellectual property of the operator.
2. The customer receives a limited, non-exclusive, non-transferable right to use the purchased service for the duration and within the scope of the selected license.
3. All rights not expressly granted to the customer remain with the operator or the respective rights holder.

1. Consumers are entitled to the statutory right of withdrawal or cancellation applicable to distance contracts under Austrian and applicable European consumer protection law.
2. Where the customer requests that the provision of a digital service or digital content begins before the expiry of the statutory withdrawal period, the consequences for the right of withdrawal depend on the type of digital service or digital content and the requirements of applicable law.
3. Where required by law, the operator will obtain the consumer's express consent to the immediate provision of the digital service or digital content and the consumer's acknowledgement of any resulting loss of the right of withdrawal before performance begins.
4. Mandatory statutory consumer rights remain unaffected.

1. The user retains all rights they hold to the files they upload.
2. By uploading files, the user grants the operator a non-exclusive, worldwide, royalty-free right to store, process, technically analyze, and modify the files to the extent necessary to provide the requested service and make the resulting files available for download.

1. The user assures that they have all necessary rights and permissions to upload and process the submitted files and that processing those files does not infringe the rights of third parties.
2. The user agrees not to upload any content that violates applicable law or public morals, including illegal, defamatory, or copyrighted content for which the user does not possess the required rights or permissions.
3. The user is responsible for checking the suitability of generated or modified files before using, flashing, installing, or otherwise applying them to a vehicle, ECU, or other device.
4. The user is responsible for maintaining an original backup of all files before modification or processing.

1. ECU files, solutions, patches, modification data, and other technical outputs may depend on the specific ECU hardware, software version, vehicle configuration, installed components, and condition of the vehicle.
2. Unless expressly agreed otherwise, the operator does not guarantee that a particular modification will be suitable for every vehicle, ECU software version, hardware configuration, or intended technical purpose.
3. The user must verify the technical suitability of a modified file and is responsible for correct programming, installation, testing, and use.
4. Nothing in this section limits mandatory statutory warranty or consumer rights.

1. The operator strives to ensure reliable availability of the tool. However, uninterrupted availability cannot be guaranteed. Temporary interruptions may occur due to maintenance, updates, security measures, technical problems, infrastructure failures, or circumstances outside the operator's reasonable control.
2. The operator may update, improve, extend, replace, or modify individual functions of the tool for technical, security, legal, compatibility, or operational reasons.
3. For paid services with an ongoing contract period, changes will be made in accordance with applicable law and will not restrict mandatory consumer rights.
4. The operator may discontinue individual features or the service as a whole where reasonably necessary, subject to existing contractual obligations and applicable statutory rights.

1. The tool is a technical software service. Results may depend on the uploaded data, ECU software, vehicle configuration, technical condition of the vehicle, and other factors outside the operator's control.
2. To the extent permitted by law, the operator is not liable for damages caused by improper use, incorrect programming, unsuitable third-party hardware or software, unauthorized modifications, failure to follow instructions, or use of modified ECUs contrary to applicable laws.
3. The operator is not responsible for the loss of the user's original files where such loss could have been prevented by maintaining a reasonable backup. Users are therefore strongly advised to retain original and backup copies of all files.
4. Any exclusion or limitation of liability contained in these T&Cs applies only to the extent permitted by applicable law. Liability that cannot legally be excluded or limited, including mandatory consumer protection and warranty rights, remains unaffected.
5. Statutory warranty rights, in particular mandatory rights applicable to consumers regarding digital services and digital content, remain unaffected.

1. The operator undertakes to comply with applicable data protection regulations and to process uploaded files and personal data in accordance with the applicable Privacy Policy.
2. The platform uses encrypted HTTPS connections to protect data during transmission.
3. Further details on data processing can be found in the Privacy Policy.

1. The operator may amend these T&Cs where reasonably necessary, in particular due to changes in law, changes to the services offered, technical developments, security requirements, or changes to the operator's business model.
2. Material changes affecting existing contracts will be communicated in an appropriate manner and will take effect only in accordance with applicable law.
3. Mandatory statutory rights of consumers remain unaffected by any amendment to these T&Cs.

1. These T&Cs and contractual relationships with the operator are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
2. For consumers, this choice of law does not deprive them of mandatory consumer protection provisions that would apply under the law of the country in which they have their habitual residence.
3. Any statutory rules regarding the competent court and jurisdiction for consumers remain unaffected.
4. If any provision of these T&Cs is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected, to the extent permitted by applicable law.

Any modification of ECUs (Engine Control Units) performed using this tool is not approved for use on public roads unless the modification has independently obtained all approvals required by the applicable law. Solutions and modifications provided through the tool are intended for motorsport, testing, research, development, and dynamometer purposes where legally permitted. The use of modified ECUs in public road traffic in violation of applicable traffic, emissions, environmental, safety, or vehicle approval regulations is prohibited. The user is solely responsible for determining whether a particular modification and its intended use are lawful in the relevant jurisdiction.