Terms of service

§1. General provisions

1. The portal is owned and operated by TEST-DRIVE SP. Z O.O. (the "Provider"), e-mail: …, phone ….
2. The portal is used to submit and process vehicle ECU file modification orders and for communication between the client and the Provider.
3. Submitting an order through the portal constitutes acceptance of these terms.
4. Using the portal requires: a device with Internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.
5. The client is prohibited from supplying content of an unlawful nature.

§2. Orders and fulfilment

1. Orders are submitted via the portal form, providing vehicle data, ECU type, the device used to read the file, and the selected services.
2. Every order is verified by the Provider before being accepted for fulfilment. The Provider may correct order details (e.g. a wrongly identified ECU) and its pricing.
3. The standard turnaround time is up to 3 working hours from acceptance of the order. This may be extended for particularly complex modifications.
4. Individually billed (external) clients pay after accepting the quote, before the order is fulfilled. Partner clients are billed collectively with a monthly invoice.
5. A client who is a consumer, by submitting an order, expressly requests that its fulfilment begin before the expiry of the 14-day withdrawal period and acknowledges that upon full performance of the service (delivery of the modified file) they lose the right to withdraw from the contract (Art. 38(1)(1) and (13) of the Polish Consumer Rights Act of 30 May 2014). Until fulfilment of the order has begun, the consumer may withdraw from the contract without giving a reason by notifying the Provider through the portal or by e-mail.

§3. Intended use of services and liability for file usage

1. Delivered files and modifications are intended solely for motorsport (competition, closed circuits), research and testing, export to jurisdictions where the given modification is permitted, or for vehicles and machinery operated exclusively off public roads — unless the modification complies with the regulations of the country where the vehicle is used.
2. The client acknowledges that modifications of emission control systems (in particular DPF/OPF/GPF, EGR, SCR/AdBlue, catalytic converters, NOx sensors) in vehicles operated on public roads breach the vehicle's type approval and are unlawful in the European Union (including Art. 66(1) of the Polish Road Traffic Act and Regulation (EC) No 715/2007) and in many other jurisdictions. Possible consequences include fines and administrative penalties, retention of the registration certificate, a failed roadworthiness test, and refusal of an insurance payout.
3. By submitting an order involving emission system modifications, the client declares that the vehicle will not be operated on public roads in any jurisdiction where such a modification is unlawful.
4. A client acting as a business (workshop, service company) undertakes to inform the end user of the vehicle about the legal and technical consequences of the modification before it is performed.
5. The client bears full and sole responsibility for how the delivered files are used, including compliance with road traffic law, emission standards, and the vehicle manufacturer's warranty terms. Neither the Provider, its owners, employees, portal administrators, nor its cooperating engineers are liable for unlawful use of the files or any resulting penalties, damages, or third-party claims; the client indemnifies them against such claims to the fullest extent permitted by law.
6. The Provider performs the service solely upon the client's individual order and relies on the declarations made by the client in the order and upon acceptance of these terms. The Provider has neither the technical ability nor a legal obligation to verify how, where, or in which vehicle the delivered files are actually used. Responsibility for the use of a file passes to the client upon its delivery to the client.
7. If a third party or a public authority raises claims, fines, or sanctions against the Provider or the persons listed in point 5 in connection with the client's use of the files in breach of these terms, the declarations made, or the law, the client undertakes to hold those parties harmless, to join any proceedings on their side, and to cover documented defence costs and any amounts awarded or imposed.
8. Flashing modified software may void the vehicle manufacturer's warranty and change the vehicle's operating parameters. The client declares awareness of this.
9. The Provider is not liable for damage resulting from incorrect flashing, use of a file in a vehicle other than the one specified in the order, or the consequences of sharing files with third parties.
10. Files are delivered "as-is". If a malfunction is found, the client may file a complaint through the portal or by e-mail; the Provider will make reasonable efforts to fix the defect promptly. Complaints are answered within 14 days of receipt. The provisions of this section do not exclude consumer rights arising from mandatory provisions of law.

§4. Payments and invoices

1. Service prices are shown in the client's settlement currency (PLN for clients from Poland, EUR otherwise).
2. Invoices are issued electronically, made available in the portal, and sent to the client's e-mail address.

§5. User accounts

1. New accounts require e-mail confirmation and administrator approval.
2. The Provider may suspend or delete an account that violates these terms or is used unlawfully.
3. The client is obliged to keep their login credentials (e-mail address and password) confidential and not to share the account with third parties. Operations performed after a successful login are deemed to have been performed by the client or with their consent.
4. As the account contains billing documents and invoices, the portal offers a free two-factor authentication (2FA) option, which can be enabled in the Profile tab. The Provider recommends enabling it.
5. If the client suspects their password has been disclosed or the account has been accessed without authorisation, they should immediately change the password and notify the Provider. The Provider is not liable for the consequences of account access using valid login credentials where such access resulted from the client's failure to comply with the obligations described in point 3 — unless the disclosure was attributable to the Provider.
6. The client may terminate the account agreement at any time by requesting its deletion (anonymisation) as described in the Privacy Policy. This does not affect orders in progress or the obligation to pay for services already performed.
7. Personal data processing is described in the Privacy Policy.

§6. Copyright

1. The portal, its design, software and content are the property of TEST-DRIVE SP. Z O.O. and are protected by copyright law.
2. Copying, distributing or using elements of the portal without the Provider's consent is prohibited.

§7. Final provisions

1. The Provider reserves the right to amend these terms; amendments take effect on the date of publication in the portal and do not apply to orders submitted before they take effect.
2. Matters not covered here are governed by Polish law. This choice of law does not deprive a consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence.