Terms of Service
Date: 1 August 2026
Provider Information
KM Engineers GmbH
Albert-Einstein-Str. 2 b
77656 Offenburg
Germany
Phone: +49 781 12559870
Email: info@km-tuning.com
1. Scope of Application
These Terms of Service apply to all business relationships between KM Engineers GmbH and its customers. They apply in particular to the sale and delivery of goods, the supply of digital content and software, the use of the KM eFlash app and the KM eFlash Windows application, the use of eFlash hardware, the provision of services and individually agreed orders.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
With respect to entrepreneurs, these Terms of Service also apply to future business relationships without the need for a further express reference. Any deviating, conflicting or supplementary terms and conditions of the entrepreneur are rejected unless KM Engineers GmbH has expressly agreed to their application.
2. Contractual Partner and Conclusion of Contract
The customer's contractual partner is KM Engineers GmbH. The presentation of products and services in the online shop does not constitute a legally binding offer but an invitation to the customer to place an order.
The customer may initially place products in the shopping cart without obligation and review and correct their entries before submitting the order. By clicking the final order button, the customer submits a binding offer to purchase the goods, digital content or services contained in the shopping cart.
Receipt of the order is confirmed by an automatically generated email. This acknowledgement of receipt does not constitute acceptance of the offer unless acceptance is expressly declared in it.
KM Engineers GmbH may accept the offer within five days, in particular:
- by sending an order confirmation in text form, in particular by email,
- by dispatching the ordered goods,
- by providing or activating the ordered digital content,
- by commencing the agreed service, or
- by requesting payment from the customer.
If more than one form of acceptance applies, the contract is concluded upon the first act of acceptance. If the offer is not accepted within the acceptance period, the customer is no longer bound by the order.
3. Contract Language and Storage of the Contract Text
The contract may be concluded in German or English.
Following completion of the order, the order details and the Terms of Service applicable at the time of conclusion will be provided to the customer on a durable medium, generally by email. KM Engineers GmbH stores contract-related data for the applicable statutory retention periods. Continuous online access to the complete contract text beyond this is not owed.
4. Prices, Payment and Delivery Conditions
The prices displayed in the online shop at the time of the order apply. Shipping costs or other expressly disclosed charges may be added. The available payment and shipping methods and their respective costs are displayed to the customer before the order is submitted.
Digital content is provided through the customer account, by download, through activation of a licence or by assignment to a vehicle or control unit. The specific method of supply is stated in the applicable product description.
5. Transport Damage and Transfer of Risk
Consumers are requested to report visibly damaged shipments to the carrier, where possible, and to inform KM Engineers GmbH. Failure to make such a report does not affect the consumer's statutory rights.
For entrepreneurs, the risk of accidental loss and accidental deterioration passes to the entrepreneur when the goods are handed over to the forwarding agent, carrier or other person appointed to carry out the shipment. Merchants are additionally subject to the inspection and notification duties under Section 377 of the German Commercial Code (HGB). This does not apply where a defect has been fraudulently concealed.
6. Retention of Title
Goods remain the property of KM Engineers GmbH until payment has been made in full.
With respect to entrepreneurs, the goods remain the property of KM Engineers GmbH until all claims arising from the ongoing business relationship have been settled in full. The entrepreneur may resell goods subject to retention of title in the ordinary course of business. The entrepreneur hereby assigns the resulting claims to KM Engineers GmbH in advance in the amount of the respective invoice, and KM Engineers GmbH accepts the assignment. The entrepreneur remains entitled to collect the claims as long as they meet their payment obligations.
7. Rights of Use, Software Licence and Assignment
Software and digital content supplied by KM Engineers GmbH, in particular ECU and TCU tuning software, apps, Windows applications, calibrations, licence files, instructions and other digital products, are protected by copyright and other intellectual property rights. All rights remain with KM Engineers GmbH or the respective rights holder.
The customer receives only the right of use specified in the product description. Where provided for, this right is personal and linked to the customer account, a specific eFlash adapter, vehicle, engine control unit or transmission control unit. Such an assignment may not be transferred to another customer, vehicle or control unit without the express consent of KM Engineers GmbH.
Passing on, copying, publishing, modifying, decompiling, reverse engineering, circumventing technical protection measures or any other use of the software or digital content that has not been expressly permitted is prohibited.
Prohibition on disclosure:
Any attempt to pass on, transfer, distribute or otherwise make software, digital content, licence information or access credentials available to unauthorised third parties constitutes a serious breach of these Terms of Service. This also applies if the customer negligently enables such access.
In the event of such a breach, KM Engineers GmbH is entitled in particular to:
- block or delete the customer account immediately and without prior warning or notice,
- revoke granted licences and access rights immediately,
- permanently exclude the customer from access to products and services,
- assert claims for damages, injunctive relief and other statutory remedies, and
- initiate court proceedings to prevent further infringements.
The customer concerned will be informed of the blocking, deletion or withdrawal of access rights unless statutory, regulatory or security-related reasons prevent such notification.
Contractual penalty for business customers:
If software or digital content is disclosed without authorisation or if an attempt is made to transfer it to a third party, the business customer is obliged to pay a contractual penalty of EUR 10,000. Further claims for damages remain unaffected.
8. Right of Withdrawal
Consumers generally have a statutory right of withdrawal of fourteen days for distance contracts.
For contracts concerning goods, the withdrawal period generally begins on the day on which the consumer or a third party named by the consumer, other than the carrier, takes possession of the goods or, in the case of partial deliveries, the last item. For services and digital content not supplied on a tangible medium, the withdrawal period generally begins when the contract is concluded.
To exercise the right of withdrawal, the consumer must inform KM Engineers GmbH, Albert-Einstein-Str. 2 b, 77656 Offenburg, Germany, phone +49 781 12559870, email shop@km-tuning.com, by means of a clear statement of their decision to withdraw. The model withdrawal form below may be used but is not mandatory.
Sending the withdrawal notice before the withdrawal period expires is sufficient to meet the deadline. Further details are set out in the separate withdrawal policy.
9. Consequences of Withdrawal
In the event of a valid withdrawal, KM Engineers GmbH will reimburse all payments received, including the costs of the least expensive standard delivery offered, without undue delay and no later than fourteen days after receipt of the withdrawal notice. Additional costs resulting from a different delivery method chosen by the customer will not be reimbursed.
Unless otherwise agreed, reimbursement will be made using the same payment method used for the original payment. Reimbursement may be withheld until the goods have been returned or until proof of return has been provided, whichever occurs first.
Goods must be returned or handed over without undue delay and no later than fourteen days after the declaration of withdrawal. The statutory consequences of withdrawal apply to digital content. The right of withdrawal no longer exists once it has validly expired under the conditions of the following section.
10. Exclusion or Expiry of the Right of Withdrawal
The right of withdrawal does not apply, in particular, to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal requirements, provided the statutory conditions are met. Statutory exceptions for sealed goods and inseparably mixed goods also remain unaffected.
For paid digital content not supplied on a tangible medium, the right of withdrawal expires if:
- KM Engineers GmbH has commenced performance of the contract,
- the consumer has expressly agreed in advance that performance of the contract may begin before expiry of the withdrawal period,
- the consumer has confirmed their knowledge that the right of withdrawal is lost when performance begins, and
- KM Engineers GmbH has provided the consumer with a contract confirmation on a durable medium recording this consent and acknowledgement.
For vehicle-specific tuning software, commencement of performance includes, in particular, provision, activation or individual assignment of the purchased software or licence to a customer account, eFlash adapter, vehicle, engine control unit or transmission control unit. Once the right of withdrawal has validly expired, the digital tuning software concerned can no longer be withdrawn.
Express consent and acknowledgement are provided during the order process by means of a separate declaration that is not preselected. The wording is:
“I expressly consent to the digital content being provided before the withdrawal period expires. I acknowledge that my right of withdrawal expires once the provision begins.”
11. Model Withdrawal Form
(If you wish to withdraw from the contract, you may complete this form and send it to us.)
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To
KM Engineers GmbH
Albert-Einstein-Str. 2 b
77656 Offenburg
Germany
Phone: +49 781 12559870
Email: shop@km-tuning.com
–
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods (*) / provision of the following service (*)
–
Ordered on (*) / received on (*)
–
Name of consumer(s)
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Address of consumer(s)
–
Signature of consumer(s) (only if this form is submitted on paper)
–
Date
(*) Delete as appropriate.
12. Returns, Refunds and Deductions for Business Customers
The provisions of this section apply exclusively to entrepreneurs within the meaning of Section 14 BGB.
Returns and refunds are generally possible only by prior agreement in text form. For an approved return, transaction costs, payment provider fees, processing costs or chargeback costs actually incurred may be deducted from the refund in a reasonable amount.
Returns are made at the business customer's risk and expense. Carriage-forward shipments will not be accepted. There is no entitlement to return or reimbursement, in particular, for individually manufactured or specially sourced goods, customer-specific software, digital products or licence keys where provision has already begun or has been completed.
13. Warranty
The statutory warranty rights apply unless otherwise agreed below for entrepreneurs.
14. Liability for Defects
Consumers are requested to inspect delivered goods promptly for completeness, transport damage and obvious defects. Failure to inspect or provide notification does not affect the consumer's statutory rights.
For entrepreneurs, claims for defects in goods become time-barred twelve months after delivery where such a reduction is legally permissible. In particular, claims arising from intentional or grossly negligent breaches of duty and from injury to life, limb or health remain unaffected.
For digital products, the statutory rights relating to defects apply, including the statutory requirements concerning the provision of necessary updates.
15. Disclaimer of Liability
KM Engineers GmbH warrants that the software supplied substantially conforms to the performance characteristics stated in the applicable product description.
The user bears sole responsibility for improper use, installation or modification of the software and hardware. KM Engineers GmbH accepts no liability for damage resulting from such improper use, installation or modification.
Liability for indirect, incidental, special or consequential damage and loss, including loss of profit, loss of data, business interruption or financial loss arising from the use of the software, is excluded even if the possibility of such damage has been indicated.
Liability is limited to the price actually paid by the customer for the software concerned or the equivalent amount of the respective licence fee.
The above exclusions and limitations of liability do not apply in cases of intent or gross negligence by KM Engineers GmbH, its legal representatives, senior employees or agents.
16. Disclaimer and Special Information for Tuning Software
Tuning software means software intended for a vehicle, engine control unit or transmission control unit that can alter, in particular, control data, power, torque, driving behaviour, emissions or other vehicle functions.
The use of tuning software may invalidate statutory defect rights or the manufacturer's warranty for the vehicle and affected components. KM Engineers GmbH accepts no liability for the resulting consequences.
Depending on the country of use and the nature of the modification, the vehicle's operating permit or road approval may become invalid. KM Engineers GmbH accepts no liability for the continued validity of the operating permit or road approval or for the consequences of its invalidation. Claims arising from a refusal of approval by a country-specific inspection organisation are excluded unless KM Engineers GmbH has expressly confirmed admissibility in writing.
The customer is required to obtain information about approval, registration, licensing and insurance requirements before use and to obtain any necessary approvals. Where the specific software does not have a required approval or authorisation, it may not be used on public roads and may be used only for research, development, motorsport or testing purposes on private property.
An increase in vehicle performance may require an adjustment to insurance coverage. The customer is responsible for informing their insurer about relevant changes and ensuring adequate insurance coverage.
Changes to the engine, transmission, control units or control data can lead to increased stress and wear on the engine, transmission, drivetrain and other vehicle components. Fuel consumption and pollutant emissions may also increase. Liability for resulting damage and consequences is excluded.
17. ECU Unlock – Conditions for Business Customers
The ECU Unlock service is offered exclusively to entrepreneurs within the meaning of Section 14 BGB. Consumers are excluded from using this service.
The following conditions apply in particular to the Unlock service:
- The control unit is shipped at the business customer's risk. No liability is accepted for loss, damage or opening during transport.
- Only original, unopened and unmodified control units are accepted.
- Control units that have already been opened, manipulated or technically modified will not be processed.
- Before the Unlock is performed, the control unit may be inspected for manipulation, bus analysers or other analysis hardware.
Breach of the Unlock conditions:
If manipulation or another serious breach of the above conditions is detected, the following measures apply in particular:
- The control unit will be returned without being processed.
- The customer account will be permanently blocked.
- The business relationship will be terminated with immediate effect.
- No refund will be made; the payment already made will be retained as lump-sum compensation.
18. KM eFlash – Customer Account, Usage Requirements and User Obligations
“KM eFlash” includes, in particular, the KM eFlash app, the KM eFlash Windows application, the eFlash adapter, the related online services and the software files, licences and functions supplied through them.
A personal customer account is required to use KM eFlash. The customer must provide complete and accurate information, keep their access credentials confidential and inform KM Engineers GmbH without undue delay of any suspected or confirmed unauthorised access.
Before use, the customer is required to check the system and vehicle requirements stated in the product description and in the application. These requirements include, in particular:
- a supported vehicle and a compatible engine or transmission control unit,
- a supported operating system and a compatible end device,
- a stable internet and data connection where required for the relevant function,
- a functional and approved eFlash adapter, and
- a stable vehicle power supply of sufficient capacity.
Before starting a process, the customer must carefully check the vehicle identity, control-unit identification, selected software and all displayed options. A flash process may be started only if all information clearly matches the vehicle and control unit concerned.
The use of unapproved adapters, modified software, incompatible hardware or unsupported operating systems is prohibited.
KM eFlash may be used only in accordance with the product description, the instructions in the application, the purchased licence and applicable law. In particular, the following are prohibited:
- use with a vehicle or control unit other than the approved vehicle or control unit,
- manipulation or circumvention of licence, security or assignment mechanisms,
- disclosure of access credentials, software files, calibrations or licence information to unauthorised third parties,
- use of supplied files outside the intended process,
- manipulation of odometers or safety-related systems, and
- any unlawful use or use that endangers the systems of KM Engineers GmbH or other users.
Failure to comply with the above system and vehicle requirements constitutes improper use within the meaning of Section 15. KM Engineers GmbH accepts no liability for malfunctions, loss of data or damage to the extent that these result from failure to comply with the requirements or from inaccurate information provided by the customer.
KM Engineers GmbH is entitled to refuse or discontinue the supply or performance of a process if the necessary requirements are not met or safe performance cannot be ensured.
In the event of unauthorised disclosure, manipulation, circumvention of technical protection, licence or assignment mechanisms, or any other serious breach of contract, the measures in Section 7 apply. The customer account and the licences concerned may be blocked immediately and without prior warning or notice. The customer will be informed of the blocking unless statutory, regulatory or security-related reasons prevent such notification.
19. KM eFlash – Product Safety and Safe Flashing
A sudden interruption of the power supply or switching off the ignition during the flashing process may result in the software being written incompletely. This can cause serious damage to the engine control unit (ECU) or transmission control unit (TCU).
Before flashing, the customer must ensure that the vehicle battery is sufficiently charged. Ideally, a suitable battery charger should be used. Unnecessary electrical consumers such as ventilation, lights and multimedia must be switched off to preserve the battery.
The flashing process must never be interrupted. The instructions in the KM eFlash app or KM eFlash Windows application must be followed precisely.
The flashing process may be performed only in a safe location so that, in the event of a vehicle failure, there is no danger to the customer or other persons.
In vehicles with permanent power at the OBD2 port, leaving the eFlash adapter connected may discharge the vehicle battery. The eFlash adapter must therefore be removed from the OBD2 port when it is not in use.
20. KM eFlash – Updates, Changes and Availability
KM Engineers GmbH provides updates, including necessary security updates, to the extent required by law and informs the customer of their availability. The customer is required to install supplied updates within a reasonable period and in accordance with the installation instructions.
If the customer fails to install an update that has been properly supplied and announced, KM Engineers GmbH is not liable for a defect caused solely by the absence of that update, provided the statutory conditions are met.
Maintenance, security measures, disruption to communication networks, force majeure or other circumstances outside the control of KM Engineers GmbH may temporarily affect the availability of online functions. Planned material maintenance will be announced in advance where possible.
Functions may be developed, adapted or technically replaced provided the contractually agreed scope of performance and the customer's mandatory rights remain unaffected. Changes to digital products supplied to consumers are subject to the applicable statutory requirements and information duties.
21. Disposal of eFlash Hardware and Electrical Equipment
The eFlash adapter and other electrical or electronic equipment must not be disposed of with unsorted household waste. Waste equipment must be taken to a suitable collection or return point in accordance with applicable statutory and local requirements.
Before disposal, batteries or rechargeable batteries must be removed where they are not permanently installed in the device. The customer is responsible for deleting personal or confidential data stored on waste equipment before disposal. Further information is available on the KM Engineers GmbH website under “WEEE disposal”.
22. Data Protection
Information about the processing of personal data, services used, recipients, storage periods and the rights of data subjects is provided in the Privacy Policy at https://www.km-tuning.com/General/Privacy-policy/.
Use of KM eFlash may require processing of customer account, device, vehicle, control-unit, diagnostic, licence and usage data. Details must be described in the applicable Privacy Policy and, where necessary, in supplementary app-specific privacy information.
23. Dispute Resolution
KM Engineers GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
24. Final Provisions
German law applies to entrepreneurs, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of KM Engineers GmbH is the exclusive place of jurisdiction for all disputes arising from the contractual relationship to the extent permitted by law.
If any provision of these Terms of Service is or becomes wholly or partially invalid, the legal consequences are governed by the applicable statutory provisions. The validity of the remaining provisions remains unaffected.