Terms and Conditions
1. Scope and Provider
These Terms and Conditions apply to all purchases, subscriptions, digital services, app features, one-time purchases, unlocks, downloads, hardware products and shipping services offered through simos.app. simos.app is operated by Holzer Consulting, Vogesenstrasse 139, 4056 Basel, Switzerland. By placing an order, making a payment, activating a feature or using a service, you accept these terms. Mandatory statutory rights remain unaffected.
2. Contract Formation
Product pages, checkout pages and app screens are invitations to order and are not binding offers. A contract is formed when an order is paid, confirmed, fulfilled, digitally activated or otherwise accepted by us. We may reject, cancel or refund orders where payment checks fail, products are unavailable, technical requirements are not met, fraud or misuse is suspected, or fulfilment would be unlawful or unreasonable.
3. Customer Account, Vehicle Binding and Technical Requirements
Some products and services may require a customer account, a compatible vehicle, a VIN, a specific ECU or TCU software version, a compatible app version, compatible hardware or other technical identifiers. You are responsible for providing accurate information and for checking compatibility before buying. Digital unlocks and purchases may be bound to an account, vehicle, VIN, order, hardware device, software version or other technical reference and are not automatically transferable.
4. Subscriptions
Subscriptions provide access to the described features or services for the paid subscription period. If automatic renewal is shown in the checkout, app store or payment flow, the subscription renews automatically until cancelled through the relevant app store, payment provider or account area. Cancellation stops future renewal but does not automatically refund a period that has already started, unless a statutory withdrawal, cancellation or refund right applies. Any mandatory consumer rights remain unaffected.
5. One-Time Purchases, Unlocks and Digital Content
One-time purchases, digital unlocks, credits, downloads, tune-related features and other digital content are provided for the described purpose after successful payment. They may be technically limited to a specific account, vehicle, VIN, software version, hardware device or compatibility range. Refunds for activated, delivered, downloaded or made available digital items are excluded only where this is permitted by applicable law and, where required, the customer has given the necessary consent and acknowledgment before performance starts.
6. App Features, Updates and Availability
Digital services may depend on app versions, operating systems, server availability, third-party services, app store rules, vehicle compatibility, hardware compatibility and supported ECU or TCU versions. We may maintain, update, change, replace, limit or discontinue features where this is necessary for security, compatibility, legal compliance, abuse prevention, product maintenance or technical operation. There is no entitlement to a permanently unchanged feature set.
7. Hardware Products
Hardware products must be used only as described and only with compatible vehicles, apps, software versions and accessories. You are responsible for checking whether the hardware is suitable for your intended use before ordering. Damage caused by misuse, unsupported vehicles, modified firmware, third-party software, improper installation, reverse polarity, mechanical damage, water damage or failure to follow instructions is excluded to the extent permitted by law.
8. Prices, Taxes, Customs and Payment
The prices, shipping costs, taxes and payment methods shown at checkout apply. Orders are shipped from Switzerland. Depending on the destination country, import duties, import VAT, customs clearance fees, carrier handling fees or other local charges may apply. The customer is responsible for all of these charges and must pay them on delivery, unless they are explicitly included at checkout. Payment providers may apply their own checks, exchange rates, chargeback processes and terms.
Prices for digital products, subscriptions, unlocks and other digital services purchased on simos.app are shown excluding value added tax (VAT), goods and services tax (GST) or sales tax. The applicable tax is determined by your location and added at checkout; the total shown at checkout before payment is the amount charged. These purchases are processed through Stripe Managed Payments, which acts as merchant of record for the sale and issues the receipt or tax invoice. Purchases made through the App Store or Google Play are priced, taxed and invoiced by the respective app store.
9. Shipping and Delivery
Shipping times are estimates and may be affected by carriers, customs, holidays, address errors, failed delivery attempts or other circumstances outside our control. You are responsible for providing a complete and deliverable shipping address and for accepting or collecting the shipment in time. If a shipment is delayed, lost or cannot be delivered, please contact us so we can review the shipment status and handle the case according to the applicable law and the available carrier information.
If you refuse to accept a shipment, do not collect it within the carrier's holding period, refuse to pay the import duties, taxes or fees due on delivery, or the shipment cannot be delivered because of an incorrect or incomplete address, the shipment is returned to us. In this case you bear the shipping costs: the original Swiss postage, the postage for returning the shipment to Switzerland and any fees charged to us by the carrier or customs authorities. We will deduct these costs from any refund of the purchase price, to the extent that mandatory consumer protection law does not provide otherwise. In particular, where a consumer in the European Union is entitled to a refund of the original standard shipping costs, we deduct only the postage for returning the shipment to Switzerland and the fees charged to us.
10. Returns and Refunds for Physical Goods
Returns and refunds for physical goods are handled according to the applicable law and the condition of the returned goods. Where a statutory withdrawal or return right applies, we will refund the amounts required by law. We may withhold a refund until we have received the returned goods or until proof of return shipment has been provided, where this is permitted by law. The customer bears the costs of returning goods to us, unless the goods are defective, were damaged in transit or are not what was ordered, or mandatory law provides otherwise. Import duties, taxes and customs fees paid by the customer are not refunded by us.
11. Right of Withdrawal and Digital Services
Where a statutory right of withdrawal applies, the statutory deadlines and requirements apply. For digital content, downloads, unlocks, subscriptions or services that are provided immediately, the right of withdrawal expires or is excluded only where the applicable law allows this and, where required, the customer has expressly consented to immediate performance and acknowledged the loss of the withdrawal right before performance starts.
12. Warranty and Support
Statutory warranty rights apply to hardware products. For digital products, we provide support on a best-effort basis for reproducible issues within the stated compatibility range. A product is not defective merely because it cannot be used with unsupported vehicles, unsupported software versions, modified ECUs or TCUs, third-party tools, incorrect operation, missing technical requirements or external service outages.
13. Vehicle Use, Road Legality and Customer Responsibility
You are solely responsible for ensuring that the use of software, tuning files, diagnostic functions, logging data, flashing functions and hardware is legal for your vehicle, country and intended use. Some products or features may be intended for motorsport, development, diagnostics, research or private testing and may not be approved for public road use.
14. Abuse, Chargebacks and Access Restrictions
We may block, restrict, cancel or refuse access to products, accounts, subscriptions, unlocks or orders if we detect or reasonably suspect fraud, chargebacks, payment disputes, misuse, resale, circumvention of technical protections, security risks or unlawful use.
15. Liability
To the extent permitted by law, we are only liable for direct damages caused by intentional or grossly negligent conduct. Liability for indirect damages, consequential damages, loss of profit, downtime, data loss, vehicle damage, improper use, unsupported use or use outside the described requirements is excluded to the extent permitted by law. Nothing in these Terms limits liability for mandatory statutory claims or liability that cannot be limited or excluded under applicable law.
16. Changes to These Terms
We may update these terms if our products, technical processes, payment methods, shipping processes, legal requirements or business operations change. The version published at the time of an order applies to that order unless mandatory law requires otherwise.
17. Contact
For questions about orders, subscriptions, digital unlocks, hardware, shipping, returns or refunds, please contact us through the contact details provided on simos.app.
These Terms and Conditions apply to all purchases, subscriptions, digital services, app features, one-time purchases, unlocks, downloads, hardware products and shipping services offered through simos.app. simos.app is operated by Holzer Consulting, Vogesenstrasse 139, 4056 Basel, Switzerland. By placing an order, making a payment, activating a feature or using a service, you accept these terms. Mandatory statutory rights remain unaffected.
2. Contract Formation
Product pages, checkout pages and app screens are invitations to order and are not binding offers. A contract is formed when an order is paid, confirmed, fulfilled, digitally activated or otherwise accepted by us. We may reject, cancel or refund orders where payment checks fail, products are unavailable, technical requirements are not met, fraud or misuse is suspected, or fulfilment would be unlawful or unreasonable.
3. Customer Account, Vehicle Binding and Technical Requirements
Some products and services may require a customer account, a compatible vehicle, a VIN, a specific ECU or TCU software version, a compatible app version, compatible hardware or other technical identifiers. You are responsible for providing accurate information and for checking compatibility before buying. Digital unlocks and purchases may be bound to an account, vehicle, VIN, order, hardware device, software version or other technical reference and are not automatically transferable.
4. Subscriptions
Subscriptions provide access to the described features or services for the paid subscription period. If automatic renewal is shown in the checkout, app store or payment flow, the subscription renews automatically until cancelled through the relevant app store, payment provider or account area. Cancellation stops future renewal but does not automatically refund a period that has already started, unless a statutory withdrawal, cancellation or refund right applies. Any mandatory consumer rights remain unaffected.
5. One-Time Purchases, Unlocks and Digital Content
One-time purchases, digital unlocks, credits, downloads, tune-related features and other digital content are provided for the described purpose after successful payment. They may be technically limited to a specific account, vehicle, VIN, software version, hardware device or compatibility range. Refunds for activated, delivered, downloaded or made available digital items are excluded only where this is permitted by applicable law and, where required, the customer has given the necessary consent and acknowledgment before performance starts.
6. App Features, Updates and Availability
Digital services may depend on app versions, operating systems, server availability, third-party services, app store rules, vehicle compatibility, hardware compatibility and supported ECU or TCU versions. We may maintain, update, change, replace, limit or discontinue features where this is necessary for security, compatibility, legal compliance, abuse prevention, product maintenance or technical operation. There is no entitlement to a permanently unchanged feature set.
7. Hardware Products
Hardware products must be used only as described and only with compatible vehicles, apps, software versions and accessories. You are responsible for checking whether the hardware is suitable for your intended use before ordering. Damage caused by misuse, unsupported vehicles, modified firmware, third-party software, improper installation, reverse polarity, mechanical damage, water damage or failure to follow instructions is excluded to the extent permitted by law.
8. Prices, Taxes, Customs and Payment
The prices, shipping costs, taxes and payment methods shown at checkout apply. Orders are shipped from Switzerland. Depending on the destination country, import duties, import VAT, customs clearance fees, carrier handling fees or other local charges may apply. The customer is responsible for all of these charges and must pay them on delivery, unless they are explicitly included at checkout. Payment providers may apply their own checks, exchange rates, chargeback processes and terms.
Prices for digital products, subscriptions, unlocks and other digital services purchased on simos.app are shown excluding value added tax (VAT), goods and services tax (GST) or sales tax. The applicable tax is determined by your location and added at checkout; the total shown at checkout before payment is the amount charged. These purchases are processed through Stripe Managed Payments, which acts as merchant of record for the sale and issues the receipt or tax invoice. Purchases made through the App Store or Google Play are priced, taxed and invoiced by the respective app store.
9. Shipping and Delivery
Shipping times are estimates and may be affected by carriers, customs, holidays, address errors, failed delivery attempts or other circumstances outside our control. You are responsible for providing a complete and deliverable shipping address and for accepting or collecting the shipment in time. If a shipment is delayed, lost or cannot be delivered, please contact us so we can review the shipment status and handle the case according to the applicable law and the available carrier information.
If you refuse to accept a shipment, do not collect it within the carrier's holding period, refuse to pay the import duties, taxes or fees due on delivery, or the shipment cannot be delivered because of an incorrect or incomplete address, the shipment is returned to us. In this case you bear the shipping costs: the original Swiss postage, the postage for returning the shipment to Switzerland and any fees charged to us by the carrier or customs authorities. We will deduct these costs from any refund of the purchase price, to the extent that mandatory consumer protection law does not provide otherwise. In particular, where a consumer in the European Union is entitled to a refund of the original standard shipping costs, we deduct only the postage for returning the shipment to Switzerland and the fees charged to us.
10. Returns and Refunds for Physical Goods
Returns and refunds for physical goods are handled according to the applicable law and the condition of the returned goods. Where a statutory withdrawal or return right applies, we will refund the amounts required by law. We may withhold a refund until we have received the returned goods or until proof of return shipment has been provided, where this is permitted by law. The customer bears the costs of returning goods to us, unless the goods are defective, were damaged in transit or are not what was ordered, or mandatory law provides otherwise. Import duties, taxes and customs fees paid by the customer are not refunded by us.
11. Right of Withdrawal and Digital Services
Where a statutory right of withdrawal applies, the statutory deadlines and requirements apply. For digital content, downloads, unlocks, subscriptions or services that are provided immediately, the right of withdrawal expires or is excluded only where the applicable law allows this and, where required, the customer has expressly consented to immediate performance and acknowledged the loss of the withdrawal right before performance starts.
12. Warranty and Support
Statutory warranty rights apply to hardware products. For digital products, we provide support on a best-effort basis for reproducible issues within the stated compatibility range. A product is not defective merely because it cannot be used with unsupported vehicles, unsupported software versions, modified ECUs or TCUs, third-party tools, incorrect operation, missing technical requirements or external service outages.
13. Vehicle Use, Road Legality and Customer Responsibility
You are solely responsible for ensuring that the use of software, tuning files, diagnostic functions, logging data, flashing functions and hardware is legal for your vehicle, country and intended use. Some products or features may be intended for motorsport, development, diagnostics, research or private testing and may not be approved for public road use.
14. Abuse, Chargebacks and Access Restrictions
We may block, restrict, cancel or refuse access to products, accounts, subscriptions, unlocks or orders if we detect or reasonably suspect fraud, chargebacks, payment disputes, misuse, resale, circumvention of technical protections, security risks or unlawful use.
15. Liability
To the extent permitted by law, we are only liable for direct damages caused by intentional or grossly negligent conduct. Liability for indirect damages, consequential damages, loss of profit, downtime, data loss, vehicle damage, improper use, unsupported use or use outside the described requirements is excluded to the extent permitted by law. Nothing in these Terms limits liability for mandatory statutory claims or liability that cannot be limited or excluded under applicable law.
16. Changes to These Terms
We may update these terms if our products, technical processes, payment methods, shipping processes, legal requirements or business operations change. The version published at the time of an order applies to that order unless mandatory law requires otherwise.
17. Contact
For questions about orders, subscriptions, digital unlocks, hardware, shipping, returns or refunds, please contact us through the contact details provided on simos.app.