Home General terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF MYCHIPTUNINGFILES

These General Terms and Conditions of Sale and Delivery apply to all services, products, files and platform access provided under the brand MyChiptuningfiles, operated by:

Ryker Asia International IFZA Property FZCO
Trade License No. 428037
Building A1, Dubai Digital Park
Dubai Silicon Oasis
Dubai, United Arab Emirates

ARTICLE 1 – Definitions

  1. MYCHIPTUNINGFILES: MyChiptuningfiles, a trading name of Ryker Asia International IFZA Property FZCO, incorporated in Dubai, United Arab Emirates, under trade license number 428037, with its registered address at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates.
  2. CUSTOMER: any Consumer or Business Customer who orders, intends to purchase, purchases, or enters into an Agreement with MyChiptuningfiles for Services and/or Products.
  3. CONSUMER: any natural person acting as a purchaser or client for purposes outside their trade, business, or professional activity.
  4. BUSINESS CUSTOMER: any legal entity and all customers who are not Consumers.
  5. DELIVERY: the moment at which MyChiptuningfiles transfers possession of the Product or File to the Customer, or makes the vehicle to which a Service has been provided available again to the Customer.
  6. SERVICES: all activities carried out by MyChiptuningfiles relating to a vehicle and/or the modification, creation, and/or supply of Files.
  7. FILES: a computer and/or software file created and/or modified upon request and based on data supplied by the Customer.
  8. PRODUCT: all goods offered, sold and/or delivered by MyChiptuningfiles to a Customer.
  9. SLAVE TOOLS: a Product connected to the systems (master tool) of MyChiptuningfiles in order to read and write encrypted Files.
  10. AGREEMENT: the provision of Services and/or the sale and delivery of Products to a Customer by MyChiptuningfiles.
  11. DISTANCE SALE: an Agreement in which the Customer purchases Products and/or Services through an online portal and/or system created by MyChiptuningfiles for that purpose, such as a webshop.
  12. CREDIT: an electronic value point or unit issued by MyChiptuningfiles that may be used to make payments for specifically designated Services and/or Products.

ARTICLE 2 – Applicability of the General Terms and Conditions

  1. These general terms and conditions apply to all offers and Deliveries made by MyChiptuningfiles and/or all Agreements and subsequent Agreements concluded with MyChiptuningfiles, as well as to all Agreements in which MyChiptuningfiles engages third parties for Delivery (including suppliers), which third parties may directly invoke these general terms and conditions.
  2. If a Customer, via the website of MyChiptuningfiles, makes an appointment with a garage company or third party for the performance of a Service, MyChiptuningfiles shall not be a party to the agreement between that Customer and such Business Customer or third party. The Customer and the Business Customer/third party must record their mutual arrangements themselves.

If it is legally established or assumed that MyChiptuningfiles is a party to such an agreement between the aforementioned parties, MyChiptuningfiles may invoke the provisions of these general terms and conditions, which shall then apply in full between MyChiptuningfiles, the Customer and the Business Customer.

  1. Deviating provisions from these general terms and conditions shall only be valid if expressly agreed in writing in advance with MyChiptuningfiles.

MyChiptuningfiles does not accept any purchasing terms of the Customer unless explicitly agreed otherwise in writing.

  1. If MyChiptuningfiles does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof are not applicable or that MyChiptuningfiles would lose the right to require strict compliance with these provisions in other cases and/or at a later time.
  2. MyChiptuningfiles has the right to amend these general terms and conditions. Amendments will be announced via the website(s) of MyChiptuningfiles and, where necessary and possible, directly to the Customer.

The amendments shall enter into force from the moment of announcement or on such date as stated in the announcement.

ARTICLE 3 – Offers, Information and Formation of the Agreement

  1. All offers, quotations and price statements of MyChiptuningfiles are non-binding and remain valid for 30 days unless otherwise agreed in writing.

MyChiptuningfiles is entitled at all times to withdraw the offer.

  1. The Agreement with MyChiptuningfiles is concluded after MyChiptuningfiles has confirmed its acceptance in writing or by electronic means.

In the case of a Distance Sale, an Agreement shall only be concluded after MyChiptuningfiles has confirmed the Customer’s order and/or has proceeded with Delivery.

  1. Any arrangements, undertakings and/or amendments made after the order confirmation shall only be binding if agreed in writing between the parties.
  2. All prices, brochures, website information and other data provided with the offer have been compiled as carefully as possible.

If it later appears that errors have been made in such information, MyChiptuningfiles is entitled to correct such errors and/or adjust or dissolve the Agreement accordingly before Delivery has taken place without being liable for damages in that respect.

  1. MyChiptuningfiles is entitled to refuse Delivery and not to perform Agreements relating to Products and/or Services without being obliged to pay any compensation or damages.
  2. MyChiptuningfiles relies on the accuracy of all information supplied by the Customer, including but not limited to information concerning Files.

MyChiptuningfiles is not obliged to conduct further investigation in this respect.

The Customer is also obliged, prior to entering into the Agreement, to report any defects in the vehicle and/or the engine management system.

ARTICLE 4 – The Price

  1. The prices of Products and/or Services are stated in Euros or Credits and are based on prices, wages and levies applicable at the time of the offer or quotation.

MyChiptuningfiles has the right once per year, as of 1 January, to adjust prices and/or Credits in accordance with a generally accepted consumer price index.

  1. Upon the purchase of a Slave Tool, the Customer receives the amount of Credits specified with the purchase of that Product free of charge.

If the Customer wishes to use the Slave Tool independently from the systems of MyChiptuningfiles, the Customer must pay a fee for converting the Slave Tool (to a master tool or connecting it to another master).

This fee shall be equal to the value of the Credits received with the purchase of the Product, calculated at the then applicable price for separate Credits.

If no Credits are supplied with a Slave Tool, a fee of 10 (ten) single master credits shall apply for the disconnection of the Slave Tool from the MyChiptuningfiles master system.

These credits shall be charged at the then applicable price of a single master credit at the time of conversion or disconnection.

For any additional costs relating to converting the tool from slave to master, a quotation must be requested from the tool supplier. These additional costs shall be communicated after receipt of the quotation.

MyChiptuningfiles reserves the right to refuse conversion or disconnection of Slave Tools in the event of outstanding payments, abuse of the platform, breach of these Terms and Conditions, or misuse of the MyChiptuningfiles systems.

  1. MyChiptuningfiles is entitled to pass on price increases occurring more than three months after the conclusion of the Agreement.

Price increases may arise due to increases in raw material prices, production costs, transport costs, war, weather conditions, calamities or similar circumstances.

The maximum price increase is 5% per year unless exceptional circumstances apply.

Price increases shall be announced in a timely manner and in writing.

Price increases resulting from government measures shall be passed on to the Customer immediately and in full.

  1. If the Customer requests additions or amendments to the Agreement after its conclusion or provides incorrect data or files, this may affect the price.

MyChiptuningfiles may reasonably charge the additional costs to the Customer.

ARTICLE 5 – Distance Sale of a Product or Service – Consumers

  1. In the case of a Distance Sale, the Consumer has the right to terminate the Agreement within 14 days after full Delivery of all Products ordered simultaneously.
  2. The Consumer’s right of withdrawal shall lapse in the case of the delivery of Services where the Consumer has requested MyChiptuningfiles to carry out urgent repair or maintenance work at an external location in respect of a vehicle and/or after the Agreement has been fully performed.

The right of withdrawal shall also not apply to the creation and Delivery of Files, since this concerns goods manufactured according to the Consumer’s specifications and/or the delivery of digital content.

To the extent necessary, the Consumer expressly waives the aforementioned rights of withdrawal where this clause states that such rights have lapsed or shall lapse.

ARTICLE 6 – Method and Delivery of Products

Delivery of a Product to a BUSINESS CUSTOMER shall take place by handing it over to the carrier, unless otherwise agreed.

MyChiptuningfiles shall arrange transport at the expense and risk of the Business Customer.

Payment for a Product by the Business Customer shall be made in advance via a payment method designated by MyChiptuningfiles.

Delivery of a Product to a CONSUMER shall take place at the moment the Product is delivered by the carrier to the address specified by the Consumer, after which the risk shall pass to the Consumer.

The Customer is obliged to accept the offered Product.

If the Customer does not accept the Product, MyChiptuningfiles is entitled to store the Product at the Customer’s expense and risk and/or charge the Customer the return costs.

If the Customer has ordered more than one Product, MyChiptuningfiles shall at all times be entitled to perform Delivery in parts.

If it is agreed that Products shall be collected by the Customer, the Customer must collect them within seven (7) days after confirmation by MyChiptuningfiles at the location designated by MyChiptuningfiles.

If the Customer fails to do so, the demonstrable and reasonable costs incurred by MyChiptuningfiles, such as storage costs and costs resulting from late collection, shall be borne by the Customer.

Delivery periods stated by MyChiptuningfiles are always indicative and shall not constitute strict deadlines unless the parties have expressly agreed otherwise.

ARTICLE 7 – Method and Delivery of Files

  1. Only computer files read using Slave Tools supplied by MyChiptuningfiles or unencrypted/open files can be processed by MyChiptuningfiles.
  2. The Customer shall send the original read computer files to MyChiptuningfiles via the website of MyChiptuningfiles.
  3. MyChiptuningfiles shall subsequently deliver the Files via the email address used and specified by the Customer or via an online portal developed by MyChiptuningfiles.
  4. When the Customer uses the online portal, the Customer will receive an email notification when the modification is ready.
  5. All delivery periods stated by MyChiptuningfiles are provided to the best of its knowledge based on the information known at the time the Agreement was concluded.

Delivery periods shall never constitute strict deadlines.

  1. Exceeding a stated delivery period shall not place MyChiptuningfiles in default.
  2. In the event of deviations from the stated delivery period, MyChiptuningfiles will consult with the Customer.
  3. The Customer must provide MyChiptuningfiles in a timely manner with all useful and necessary information required for the proper execution of the Agreement and must provide the required cooperation.

  4. Additional costs incurred by MyChiptuningfiles due to insufficient cooperation or missing information from the Customer shall be borne by the Customer.

     

    ARTICLE 8 – Performance of Services

    1. If the installation and/or assembly of Products forms part of the Agreement, such work shall be considered a Service unless the nature of the Product or the description provided indicates that installation cannot or will not take place.
    2. An instruction given to MyChiptuningfiles for installation, repair, assembly or replacement of Products, or repair of a vehicle, does not automatically include the replacement or renewal of parts that only become visible after dismantling and which subsequently appear to require replacement or renewal. Nor does it automatically include the repair of defects that become visible during dismantling and whose repair appears advisable or necessary.
    3. MyChiptuningfiles shall only carry out additional repairs or replacements as referred to in the previous paragraph after the Customer has given permission for such work.
    4. MyChiptuningfiles shall not be liable for damage caused to a vehicle or parts thereof when such damage is the result of necessary measures that MyChiptuningfiles must take in order to perform the repair, assembly or replacement, unless the damage results from intentional misconduct or deliberate recklessness on the part of MyChiptuningfiles.

    ARTICLE 9 – Storage Costs and Right of Retention

    1. If the Customer does not collect a vehicle within three working days after being notified that the vehicle is ready for collection, MyChiptuningfiles may charge storage fees.

    The storage costs shall be the costs normally charged by MyChiptuningfiles. If no fixed storage costs apply at the relevant location, MyChiptuningfiles shall charge a reasonable fee of at least EUR 100 per calendar day.

    MyChiptuningfiles may exercise a right of retention over a vehicle or any part thereof. This means that MyChiptuningfiles shall only return the vehicle or part thereof once the Customer has paid all amounts owed for the relevant Delivery or Agreement, as well as any previous Deliveries or Agreements and any other related costs owed to MyChiptuningfiles.

    ARTICLE 10 – Payments

    1. The stated prices for Consumers are always in Euros including VAT and excluding any shipping costs and statutory charges. For Business Customers, prices, VAT and charges shall be specified separately.
    2. Unless otherwise agreed, payment shall take place upon Delivery. For Products specifically ordered for the Customer and for Files, MyChiptuningfiles may require advance payment.
    3. If payment does not take place upon Delivery and/or on the agreed payment date, and no other payment method has been explicitly agreed in writing, MyChiptuningfiles shall be entitled to charge statutory interest on the outstanding amount.
    4. If the Customer fails to fulfil its payment obligations, MyChiptuningfiles shall be entitled to charge collection costs.

    In the case of a Consumer, MyChiptuningfiles shall first send a payment reminder granting the Consumer a period of 14 days to fulfil the payment obligation, including notification of the collection costs that will be charged if payment is not received.

    1. Payments shall first be applied to any interest and costs owed and thereafter to the oldest outstanding invoice, regardless of any alternative description provided by the Customer with the payment.
    2. MyChiptuningfiles also reserves the right to claim any additional costs and/or damages resulting from the Customer’s failure to fulfil its payment obligations on time.
    3. In the event of liquidation, bankruptcy, seizure, suspension of payments or insolvency of the Customer, the claims of MyChiptuningfiles shall become immediately due and payable.

    ARTICLE 11 – Credit System

    If MyChiptuningfiles provides such functionality, payments may be made through the MyChiptuningfiles credit system.

    The Customer must purchase Credits in advance via the website of MyChiptuningfiles. These Credits are linked to the personal and non-transferable account of the Customer.

    Credits that have been purchased or received by the Customer, whether paid or free of charge, cannot be exchanged for money and cannot be transferred to third parties.

    Any refunds shall also be credited to the Customer’s account in the form of Credits.

    Credits are in principle valid indefinitely. However, if a Customer does not log into their account for a period of one year, the Credits shall expire automatically and irrevocably.

    ARTICLE 12 – Login Credentials and Online Portal

    1. The Customer will receive login credentials from MyChiptuningfiles which provide access to the restricted sections of the MyChiptuningfiles website and/or the Customer’s Credits.
    2. The Customer is responsible for the use and management of its account(s), access code(s) and password(s), whether used by the Customer itself or by persons acting on its behalf.

    The Customer must keep all passwords and usernames strictly confidential and ensure that they are not used by unauthorized third parties or for other purposes.

    1. MyChiptuningfiles reserves the right to trace any activity performed by the Customer via the website of MyChiptuningfiles — including logging in, reading, downloading, uploading and sending information — to the access code used for login.
    2. As soon as the Customer becomes aware or suspects that a password or access code has become known to an unauthorized person, the Customer must immediately notify MyChiptuningfiles.

    MyChiptuningfiles accepts no liability for loss, misuse or theft of login credentials or for the loss or disappearance of Credits resulting therefrom.

    ARTICLE 13 – Intellectual Property Rights

    All intellectual property rights, including rights relating to software, Files and Products supplied by MyChiptuningfiles, including preparatory materials and related materials in the broadest sense, remain the property of MyChiptuningfiles.

    For the use of Files in the relevant vehicle, MyChiptuningfiles grants the Customer a limited, non-exclusive license to use the Files in one vehicle only.

    Under no circumstances does the Agreement transfer or assign any intellectual property rights to the Customer.

    The Customer is not permitted, without the express written permission of MyChiptuningfiles, to modify, adapt, publish, reproduce, distribute, make available online, or otherwise copy the works of MyChiptuningfiles, except for personal use in or on the vehicle for which the File was created.

    Business Customers who purchase Files for one of their own customers may use those Files only once for that specific customer or vehicle.

    If a Customer infringes the intellectual property rights of MyChiptuningfiles, this shall be considered a breach of the Agreement and shall entitle MyChiptuningfiles to suspend or terminate the Agreement and claim compensation for damages.

    In the event of infringement, the Customer shall also immediately owe MyChiptuningfiles a contractual penalty of EUR 2,500 per violation, plus EUR 500 per day for each day the violation continues, without prejudice to the right of MyChiptuningfiles to claim full compensation for damages.

    ARTICLE 14 – Complaints

    The Customer must inspect each Product upon Delivery or as soon as reasonably possible thereafter.

    The Customer must verify whether the quality corresponds with what has been agreed or at least meets the standards normally applicable in trade.

    Complaints relating to Services must be submitted in writing within five (5) working days after Delivery.

    Complaints relating to Products must be submitted within two (2) months after Delivery.

    If a defect could not reasonably have been discovered within this period, the Customer must notify MyChiptuningfiles within a reasonable time after discovery, but no later than 14 days after discovery.

    The Customer must demonstrate that the defect could not reasonably have been discovered earlier.

    Complaints submitted by Business Customers regarding Services, including Files, must include a detailed description supported by a technical report, logfile or generated error code clearly demonstrating the complaint.

    Complaints regarding failure to achieve specified performance figures or results provided by MyChiptuningfiles shall only be accepted when a performance test demonstrates a deviation of at least 15% from the stated results.

    Complaints do not suspend the Customer’s payment obligations.

    The Customer is never entitled to suspend, delay or refuse payment on the basis of a complaint.

    If a complaint is justified, MyChiptuningfiles may choose between:

    • repairing the defect
    • supplying a replacement
    • adjusting the invoice proportionally
    • partially or fully terminating the Agreement

    Refunds for purchases made using Credits shall always be issued in Credits.

    MyChiptuningfiles may allow complaints to be handled by its supplier. The Customer agrees that MyChiptuningfiles may forward the complaint to such supplier and that the Customer may resolve the complaint directly with the supplier.

    If the Customer fails to submit a complaint within the specified period or fails to provide the required evidence, all rights and claims of the Customer shall lapse and the Delivery shall be deemed accepted.

     

    If the Customer installs the File using equipment other than equipment supplied by MyChiptuningfiles, the Customer must demonstrate that the complaint was not caused by the use of third-party equipment.

     

    ARTICLE 15 – Warranty and Installation of Files

    MyChiptuningfiles guarantees the proper functioning of the delivered Files as such (without being installed) from the date of Delivery for a period of one (1) year, provided that the Customer has paid the relevant invoice on time.

    If defects occur in the functioning of the Files during this period, MyChiptuningfiles shall repair such defects free of charge, subject to the provisions set out in Article 14.

    If installation is not carried out by MyChiptuningfiles, the Customer shall be solely responsible for the proper installation of the Files in the vehicle and for the requested modification.

    MyChiptuningfiles advises Business Customers who provide warranties to their own customers to limit such warranties in accordance with the provisions set out in these terms and conditions.

    For Products supplied by MyChiptuningfiles, excluding Files, a warranty period of one (1) year from the date of Delivery shall apply.

    ARTICLE 16 – Liability and Responsibility of the Customer

    The Customer acknowledges that the use or application of Files and/or Products may conflict with local laws or regulations, may be prohibited, or may infringe the rights of third parties, including manufacturer warranties.

    The Customer declares that Files, Products and the vehicle in which they are installed are used entirely at the Customer’s own risk, and that the Customer is solely responsible for verifying whether such use is permitted.

    MyChiptuningfiles strongly advises that Files and Products be used only on private property, test environments or race tracks.

    The Customer further acknowledges that the use of Files and Products may place additional stress on the vehicle and that any resulting consequences are entirely at the Customer’s own risk.

    MyChiptuningfiles shall only be liable for damage suffered by the Customer that is the direct result of an attributable failure by MyChiptuningfiles in the performance of its obligations.

    MyChiptuningfiles shall never be liable for indirect damages, including but not limited to:

    • consequential damages
    • loss of profit
    • loss of vehicle usability
    • towing or transport costs
    • penalties or fines
    • loss of savings
    • business interruption
    • loss of manufacturer warranties

    MyChiptuningfiles shall not be liable for damage caused by:

    • incorrect, incomplete or misleading information supplied by the Customer
    • failure of the Customer to comply with instructions or obligations
    • improper or unlawful use of Files or Products

    MyChiptuningfiles is always entitled to limit or remedy any damage as much as possible, and the Customer must fully cooperate with such measures.

    The Customer is also obliged to limit damage as much as possible.

    The Customer shall indemnify and hold MyChiptuningfiles harmless against any claims from third parties relating to damage resulting from Services, Files or Products supplied by MyChiptuningfiles.

    ECU / ENGINE / TURBO LIABILITY EXCLUSION

    MyChiptuningfiles shall under no circumstances be liable for any mechanical, electrical or technical damage to a vehicle, engine, turbocharger, gearbox, drivetrain, fuel system, exhaust system or emission control systems (including but not limited to DPF, EGR, SCR or catalytic converters) resulting from or allegedly resulting from the use, installation or operation of Files or Products supplied by MyChiptuningfiles.

    The Customer expressly acknowledges that vehicle tuning and software modifications may alter factory parameters and may increase mechanical stress on vehicle components.

    All risks associated with the use of Files or Products supplied by MyChiptuningfiles are entirely borne by the Customer.

    Any claims relating to:

    • engine damage
    • turbocharger failure
    • gearbox failure
    • emission system modifications or removals
    • increased engine load or mechanical stress
    • vehicle reliability or durability

    are expressly excluded from any liability of MyChiptuningfiles.

    THIRD-PARTY INSPECTION OR REPAIR

    If the vehicle, Files or any related Product is inspected, diagnosed, repaired, modified or otherwise handled by any third party, including but not limited to a dealer, workshop, tuner, mechanic or garage, without the prior written consent of MyChiptuningfiles, any and all liability of MyChiptuningfiles shall immediately and irrevocably lapse.

    In such cases MyChiptuningfiles shall no longer be able to determine the original cause of any alleged defect or damage and therefore no claim, complaint or warranty claim shall be accepted.

    LIMITATION OF LIABILITY

    If MyChiptuningfiles is found liable despite the above exclusions, liability shall be limited in the following order:

    a) the amount recoverable from third parties engaged by MyChiptuningfiles

    b) the amount paid by the liability insurer of MyChiptuningfiles

    c) if neither of the above applies, the liability of MyChiptuningfiles shall be limited to either:

    • repair or replacement of the defective Service, File or Product, or
    • compensation equal to the invoice value of the relevant Service, File or Product

    In all circumstances, the total liability shall not exceed EUR 1,000, unless the damage results from intentional misconduct or gross negligence.

    These liability limitations also apply to all third parties engaged by MyChiptuningfiles.

    ARTICLE 17 – Retention of Title

    All Products and Files supplied by or on behalf of MyChiptuningfiles remain the property of MyChiptuningfiles until full payment of the relevant invoice, including shipping and transport costs, has been received.

    Until payment has been made in full, the Customer cannot derive any rights from the Services or Products supplied by MyChiptuningfiles.

    ARTICLE 18 – General Limitation Period

    Any defects or failures attributable to MyChiptuningfiles must be reported in writing within a reasonable time after discovery, but no later than two (2) months after Delivery of the Files or Products or after performance of the Services.

    If the Customer fails to do so, the right to claim compensation shall lapse.

    ARTICLE 19 – Indemnification

    The Customer shall indemnify and hold MyChiptuningfiles harmless against all claims from third parties relating to Services, Files or Products supplied by MyChiptuningfiles that may cause or have caused damage to such third parties.

    ARTICLE 20 – Invalidity of Provisions

    If any provision of these general terms and conditions is found to be wholly or partially invalid, void or unenforceable, the remaining provisions shall remain valid and enforceable.

    The invalid provision shall be replaced by a provision that reflects as closely as possible the intention of the original provision.

    ARTICLE 21 – Applicable Law and Jurisdiction

    All Agreements concluded under these general terms and conditions shall be governed exclusively by the laws of the United Arab Emirates.

    International treaties, including the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be excluded to the extent permitted by law.

    Any disputes arising from these Agreements shall be submitted to the competent courts of Dubai, United Arab Emirates.

    ARTICLE 22 – Platform Use and Abuse

    MyChiptuningfiles provides access to its platform, software tools and Files strictly for legitimate use.

    MyChiptuningfiles reserves the right to suspend or permanently terminate accounts without prior notice if misuse of the platform is detected.

    Misuse includes but is not limited to:

    • unauthorized sharing of files
    • reselling files without permission
    • bypassing platform protections
    • manipulation of the credit system
    • fraudulent use of the platform

    In such cases MyChiptuningfiles may:

    • close the Customer account
    • block remaining Credits
    • disable access to delivered Files
    • refuse further services

    No refund shall be provided if an account is terminated due to abuse.

    ARTICLE 23 – Protection of Files and Reverse Engineering

    All Files, software modifications, calibration data and related materials supplied by MyChiptuningfiles constitute proprietary intellectual property and confidential business information.

    The Customer is strictly prohibited from:

    • reverse engineering Files
    • analysing tuning strategies
    • extracting data for reuse
    • copying or cloning Files
    • redistributing Files
    • building competing databases using MyChiptuningfiles Files

    Any attempt to reverse engineer or analyse Files shall be considered a serious breach of these terms.

    In such case:

    • platform access may be terminated immediately
    • all licenses shall automatically terminate
    • the Customer shall be liable for damages

    The Customer shall owe MyChiptuningfiles a contractual penalty of EUR 10,000 per violation, plus EUR 1,000 per day for each day the violation continues.