Terms of Service

1. Acceptance of Terms

1.1. By purchasing a licence, creating an account, accessing the website, downloading, installing, or otherwise using any part of the Service, you expressly agree to be bound by these Terms, our Privacy Policy, and our General Terms and Conditions, all of which are incorporated herein by reference.

1.2. These Terms apply to all users of the Service, including but not limited to browsers, customers, licence holders, and any other persons who access the website or the Service.

1.3. We reserve the right to update, amend, or modify these Terms at any time without prior notice. The most current version will always be available on our website. Your continued use of the Service after any such changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

1.4. Any new features, tools, or services added to the Service shall also be subject to these Terms.

2. Eligibility

2.1. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use the Service.

2.2. By using the Service, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement and to comply with these Terms.

2.3. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.

2.4. The Service is intended exclusively for qualified automotive professionals with appropriate technical knowledge and expertise. You represent that you possess the necessary professional competence to use the Service responsibly.

3. Nature of the Service

3.1. NuoVolta provides a Windows desktop application that enables users to process Engine Control Unit (ECU) files. The Service includes, but is not limited to, ECU file processing, chip tuning file creation, DTC (Diagnostic Trouble Code) management, IMMO dump processing, and access to a file database.

3.2. The Service and all outputs generated by the Service are provided strictly for educational, research, and informational purposes only. NuoVolta does not encourage, endorse, or condone the use of the Service or any processed files in any manner that violates applicable laws, regulations, or vehicle manufacturer warranties.

3.3. NuoVolta has no knowledge of, and no control over, how users utilise the files processed through the Service. The User bears sole and exclusive responsibility for the use, application, and deployment of any files processed through the Service.

3.4. NuoVolta does not provide any advice, recommendation, or instruction regarding the installation, flashing, or deployment of processed files onto any vehicle, ECU, or electronic system.

4. Licence Grant and Restrictions

4.1. Licence Grant

Subject to your compliance with these Terms and upon payment of the applicable licence fee, NuoVolta grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Service and the NuoVolta desktop application solely for your own professional, educational, and research purposes.

4.2. Hardware Dongle

4.2.1. The licence is bound to a physical hardware security dongle ("Dongle") provided by NuoVolta. The Service may only be accessed and used with a valid, authorised Dongle.

4.2.2. You are solely responsible for the safekeeping of your Dongle. In the event that your Dongle is lost, stolen, damaged, or destroyed, a replacement Dongle will be issued at a cost of 500 EUR (five hundred euros), excluding applicable shipping and taxes.

4.2.3. Each Dongle is uniquely identified and linked to a single licence. Dongles are non-transferable. Any attempt to tamper with, clone, emulate, or circumvent the Dongle constitutes a material breach of these Terms.

4.3. Restrictions

You shall not, directly or indirectly:

• Copy, reproduce, duplicate, distribute, publish, display, sell, resell, lease, sublicence, or otherwise make the Service or any portion thereof available to any third party
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of the Service or any component thereof
• Modify, adapt, translate, create derivative works from, or otherwise alter the Service or any component thereof
• Remove, obscure, alter, or destroy any proprietary notices, labels, marks, or branding on or within the Service
• Use the Service through any remote access software, virtual machine sharing, screen-sharing application, or any method that allows third parties to access or use the Service through your licence
• Share, transfer, lend, or allow any third party to use your Dongle, licence credentials, or account
• Attempt to bypass, disable, or circumvent any security, authentication, or access control mechanisms of the Service
• Use the Service to develop, create, or contribute to a competing product or service
• Use automated tools, bots, scrapers, or similar technology to access, extract data from, or interact with the Service
• Copy, duplicate, sell, redistribute, archive, or create databases of sample files, processed files, or any other data obtained through the Service
• Upload, submit, or process files that have been previously modified, processed, or altered by third-party software or competing services
• Use the Service for any purpose that violates applicable local, national, or international law or regulation
• Interfere with or disrupt the integrity, security, or performance of the Service or its related systems and networks
• Attempt to gain unauthorised access to the Service, other accounts, computer systems, or networks connected to the Service

5. Intellectual Property

5.1. The Service, including but not limited to the software, website, database, algorithms, source code, object code, user interface, design, graphics, text, documentation, sample files, and all related intellectual property, is and shall remain the exclusive property of NuoVolta and/or its licensors. All rights not expressly granted herein are reserved.

5.2. The NuoVolta name, logo, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of NuoVolta or its affiliates. You may not use such marks without our prior written consent.

5.3. The licence granted under these Terms does not convey any ownership interest in or to the Service. You acknowledge that the Service is licensed, not sold.

5.4. Any feedback, suggestions, ideas, or recommendations you provide regarding the Service shall become the exclusive property of NuoVolta, and you hereby assign all rights in such feedback to NuoVolta without any obligation of compensation or attribution.

6. Technical Support and File Processing

6.1. NuoVolta provides technical support exclusively for files processed using original, unmodified ECU data. Files that have been previously processed, modified, or altered by any third-party software or service are expressly excluded from technical support. NuoVolta works only with original files.

6.2. NuoVolta does not guarantee that sample files or processed file solutions will be available for every ECU type, vehicle model, or file version listed on supported file lists.

6.3. Where a specific file solution is not yet available, NuoVolta will endeavour to add it in a reasonable timeframe upon receiving a valid original file submission from the User. However, NuoVolta makes no guarantee regarding the timeline or availability of any specific file solution.

6.4. NuoVolta does not guarantee that processed files are 100% accurate, complete, error-free, or fit for any particular purpose. All processed files are provided on an "as-is" basis.

7. Payment and No Refund Policy

7.1. Access to the Service requires payment of the applicable licence fee as displayed on the website at the time of purchase. All prices are exclusive of applicable taxes unless stated otherwise.

7.2. ALL SALES ARE FINAL. NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES. By completing a purchase, you acknowledge and agree that:

• The licence fee is non-refundable regardless of usage, satisfaction, or any other factor
• You have reviewed the Service description, features, and system requirements prior to purchase
• Digital content delivery begins immediately upon activation, and you expressly waive any right of withdrawal that may otherwise apply under consumer protection laws
• NuoVolta provides the Service for educational and research purposes, and the processed file output depends on the original files submitted by the User
• NuoVolta cannot know, verify, or control the reasons for which you use the Service or the processed files, nor can it verify any claims regarding the outcomes of such use

7.3. Payment Methods

Card payments are processed securely through Borica 3DS. Accepted cards include Visa, Visa Electron, V Pay, Mastercard, Maestro, and other brands supported by the Borica network. Card data is transmitted directly to Borica's secure gateway and is not stored on NuoVolta's servers.

7.4. NuoVolta reserves the right to modify its pricing at any time without prior notice. Price changes will not affect licences already purchased.

7.5. You may not dispute, chargeback, or reverse any payment made for the Service. Initiating a fraudulent or unjustified chargeback constitutes a material breach of these Terms and may result in immediate licence termination, legal action, and referral to applicable authorities.

7.6. Right of Withdrawal

In accordance with Article 16(m) of Directive 2011/83/EU and Article 57(1)(13) of the Bulgarian Consumer Protection Act, the right of withdrawal does not apply to contracts for digital content not supplied on a tangible medium where performance has begun with the consumer's express consent and acknowledgement that the withdrawal right is lost. By completing a purchase, you expressly consent to immediate delivery and acknowledge the loss of your withdrawal right.

8. Disclaimers

8.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED AVAILABILITY.

8.2. NuoVolta does not warrant that: (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Service will be accurate, complete, or reliable; (d) any errors or defects in the Service will be corrected; or (e) the Service will be compatible with any specific hardware, software, or operating system configuration.

8.3. NuoVolta expressly disclaims any and all responsibility for:

• Any damage, malfunction, failure, or destruction of any vehicle, engine, ECU, electronic system, or any component thereof, whether arising directly or indirectly from the use of the Service or any files processed through the Service
• Any loss of data, corruption of files, or damage to computer systems resulting from the use of the Service
• Any consequences arising from the User's decision to install, flash, deploy, or otherwise use any files processed through the Service on any vehicle or electronic system
• Any violation of vehicle manufacturer warranties, emission standards, road safety regulations, or any other applicable laws or standards resulting from the User's actions
• Any financial losses, business interruption, loss of profits, or consequential damages of any kind
• Any third-party claims arising from the User's use of the Service or processed files

8.4. The User acknowledges and agrees that NuoVolta provides tools for ECU file processing for educational and research purposes only, and that NuoVolta has absolutely no knowledge of, involvement in, or responsibility for how processed files are subsequently used by the User or any third party.

9. Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUOVOLTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Service
• Any files processed through the Service
• Any modification, alteration, or damage to any vehicle, engine, ECU, or electronic system
• Any unauthorised access to or use of our servers or any personal information stored therein
• Any interruption or cessation of the Service
• Any bugs, viruses, or similar harmful code that may be transmitted through the Service
• Any errors, inaccuracies, or omissions in the Service or processed files
• Any other matter relating to the Service

9.2. IN NO EVENT SHALL NUOVOLTA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO NUOVOLTA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3. The limitations set forth in this Section shall apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if NuoVolta has been advised of the possibility of such damages.

9.4. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, NuoVolta's liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

10.1. You agree to defend, indemnify, and hold harmless NuoVolta, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable legal fees and court costs) arising out of or in connection with:

• Your use of the Service or any files processed through the Service
• Your violation of these Terms or any applicable law, regulation, or third-party right
• Any claim that your use of the Service or processed files caused damage to any vehicle, engine, ECU, electronic system, or any other property or person
• Any modification, installation, flashing, or deployment of processed files onto any vehicle or electronic system
• Any third-party claim arising from your use of the Service
• Any fraudulent, negligent, or wrongful act or omission by you

10.2. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

11. Service Modifications

11.1. NuoVolta reserves the right, at its sole discretion, to:

• Refuse service to anyone for any reason at any time
• Modify, update, suspend, or discontinue the Service or any part thereof, temporarily or permanently, with or without notice
• Change product descriptions, features, pricing, and availability without prior notice
• Limit the availability of the Service to specific persons, geographic regions, or jurisdictions
• Release updates, patches, or new versions of the software at its discretion

11.2. NuoVolta shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

12. Termination

12.1. NuoVolta may suspend, restrict, or terminate your licence and access to the Service immediately, without prior notice or liability, at its sole discretion, for any reason, including but not limited to:

• Breach or suspected breach of any provision of these Terms
• Engaging in any prohibited conduct as outlined in Section 4.3
• Sharing, distributing, or making the Service accessible to unauthorised third parties
• Attempting to reverse engineer, tamper with, or circumvent the Service or the Dongle
• Using the Service in a manner that NuoVolta, in its sole discretion, deems harmful, fraudulent, or in violation of applicable law
• Initiating a chargeback or payment dispute
• Any conduct that NuoVolta reasonably believes may expose it to legal liability or reputational harm

12.2. Upon termination, your licence and all rights granted under these Terms shall immediately cease. You must immediately stop using the Service and the Dongle.

12.3. No refund of any licence fees or other payments shall be issued upon termination, regardless of the reason for termination.

12.4. Termination shall not limit NuoVolta's right to pursue any other remedies available at law or in equity, including injunctive relief and damages.

12.5. Sections 5, 7, 8, 9, 10, 13, 14, 15, and 16 of these Terms shall survive any termination or expiration.

13. Governing Law and Dispute Resolution

13.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria and applicable regulations of the European Union, without regard to conflict of law principles.

13.2. Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days from written notice of the dispute.

13.3. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the competent courts of the Republic of Bulgaria.

13.4. Notwithstanding the foregoing, NuoVolta retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

13.5. For consumers residing in the European Union, nothing in this Section shall affect your statutory rights under mandatory consumer protection laws of your country of residence, including the right to bring proceedings in the courts of your domicile.

13.6. EU Online Dispute Resolution: In accordance with Regulation (EU) No 524/2013, consumers may submit complaints via the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14. Severability

14.1. If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

14.2. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent, or if such modification is not possible, it shall be severed and the remaining Terms shall continue in full force and effect.

15. Force Majeure

15.1. NuoVolta shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, cyberattacks, failure of telecommunications or power supply, strikes, or failure of third-party service providers.

15.2. NuoVolta's obligations shall be suspended for the duration of the force majeure event.

16. Entire Agreement

16.1. These Terms, together with the Privacy Policy, constitute the entire agreement between you and NuoVolta with respect to the Service and supersede all prior or contemporaneous understandings, communications, representations, and agreements, whether written or oral, regarding the Service.

16.2. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NuoVolta's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.3. Headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

17. Security and System Integrity

17.1. Any individual or entity that attacks, attempts to damage, or interferes with the systems, servers, networks, or infrastructure of NuoVolta shall be subject to civil and criminal prosecution under applicable national and European Union laws.

17.2. NuoVolta reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including reporting such conduct to law enforcement authorities.

18. Consumer and Data Protection Authorities

• Commission for Consumer Protection (KZP): www.kzp.bg
• Commission for Personal Data Protection (CPDP): www.cpdp.bg
• EU Online Dispute Resolution: ec.europa.eu/consumers/odr

19. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at: