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. Depending on the destination country, additional import duties, taxes, customs fees, carrier handling fees or local charges may apply and must be paid by the customer unless they are explicitly included at checkout. Payment providers may apply their own checks, exchange rates, chargeback processes and terms.

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.

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. Return shipping costs are borne by the customer only where this is permitted by law and the customer was properly informed before purchase.

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.