Special Terms of Use

§ 1 Services

1. ECUPlex, operated by Boost Makers Kamil Herbut ("Operator"), provides a browser-based ECU map editing platform delivered as a Software-as-a-Service (SaaS) solution accessible at ecuplex.com.

2. The Platform enables registered users to upload, analyze, and edit ECU firmware files. Available functionalities include, but are not limited to:

• automatic map and table identification within firmware files;
• DTC (Diagnostic Trouble Code) removal tools;
• ready-made tuning solutions and map packs;
• file comparison and differential analysis;
• 2D and 3D map visualization.

3. The scope and availability of specific features may vary depending on the user's subscription plan or account tier.

4. All user data submitted to or generated within the Platform is processed in accordance with the Privacy Policy published at ecuplex.com.

§ 2 ECUPlex Points (EP) Policy

1. ECUPlex Points ("EP") constitute a virtual currency used exclusively within the ECUPlex platform. EP has no value outside the Platform and does not constitute electronic money, a financial instrument, or a payment service within the meaning of applicable law.

2. The exchange rate of EP is fixed at 1 EP = 1 EUR equivalent for the purposes of pricing services within the Platform.

3. EP is strictly non-transferable between user accounts. Users may not sell, trade, gift, or otherwise assign EP to any third party.

4. EP cannot be exchanged, converted, or redeemed for real currency, cryptocurrency, or any monetary equivalent. All EP purchases are final in this regard.

5. EP does not expire and shall remain available in the user's account for as long as the account is active and in good standing.

6. EP may be purchased through the Stripe payment gateway using the payment methods supported by Stripe. The current EP packages and their pricing are displayed within the Platform interface.

7. The user's current EP balance is displayed in the editor interface and may be consulted at any time.

8. EP may be used to purchase services, features, and digital products within the Platform as defined by the current pricing schedule.

9. The Operator reserves the right to modify EP pricing, available packages, and the services purchasable with EP at any time. Users will be notified of material changes through the Platform.

§ 3 Refund Policy

1. ECUPlex Points (EP) constitute a digital good delivered immediately upon purchase. By completing a purchase of EP, the user acknowledges and agrees that the digital content is delivered instantly and that the right of withdrawal is waived in accordance with Article 38(13) of the EU Consumer Rights Directive (2011/83/EU).

2. No refunds or credits for purchased EP will be provided under any circumstances, regardless of whether the EP has been used or remains unused. EP cannot be exchanged for cash, other virtual currencies, or any other form of monetary compensation.

3. In the event that a purchased service within the Platform does not perform as described (e.g., a solution fails to apply correctly), the Operator may, at its sole discretion, issue compensation exclusively in the form of ECUPlex Points (EP). Such compensation does not constitute a refund and is subject to verification by the Operator.

4. Subscription fees are non-refundable once the applicable billing period has commenced. The user acknowledges that upon activation of a subscription period, the digital service is deemed delivered immediately.

5. Cancellation of a subscription terminates automatic renewal and prevents future charges but does not entitle the user to a refund for the current or any previously completed billing period. The user retains access to the subscription features until the end of the paid period.

6. The value of EP, their pricing, available packages, and usage terms are subject to change at the discretion of Boost Makers Kamil Herbut. Users will be notified of any material changes to EP pricing through the Platform interface.

§ 4 Grant of Use

1. Subject to these Terms and the user's compliance therewith, the Operator grants the user a limited, non-exclusive, non-transferable, revocable license to access and use the ECUPlex platform during the period of an active subscription or within the scope of the free tier.

2. This license does not convey any ownership rights in the Platform, its software, or any intellectual property associated therewith.

3. The Operator reserves the right to suspend or terminate a user's account, without prior notice and without liability, in the event of any of the following:

• violation of these Special Terms of Use or any other applicable terms;
• suspicious, fraudulent, or unauthorized activity detected on the account;
• sharing of account credentials with third parties or use of a single account by multiple persons;
• access to the Platform via automated means, bots, scripts, or scraping tools;
• attempts to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform or any part thereof.

4. Upon suspension or termination of an account for cause, the user forfeits any remaining EP balance and access to subscription features. No refund shall be issued in such circumstances.

§ 5 Subscription & Payment

1. ECUPlex offers subscription plans billed on a monthly basis. All subscription fees are denominated in EUR.

2. Payments are processed exclusively through the Stripe payment gateway. The Operator does not store or have access to the user's payment card data. All payment information is handled by Stripe in accordance with PCI DSS standards.

3. Subscriptions are automatically renewed at the end of each billing period unless the user cancels the subscription prior to the renewal date.

4. Cancellation of a subscription may be performed at any time through the Platform's account settings. Cancellation takes effect at the end of the current billing period, and the user retains access to paid features until that date.

5. In the event of a failed payment, the Operator may attempt to process the payment again. If payment cannot be collected after reasonable retry attempts, the user's subscription may be downgraded to the free tier automatically.

6. The Operator reserves the right to modify subscription pricing. Users shall be notified of price changes at least thirty (30) days in advance. Updated pricing applies from the next billing period following the notification period.

§ 6 Usage Limits

1. Each subscription plan defines specific usage limits governing the number of operations a user may perform, including but not limited to: file imports, file exports, solution applications, and map pack exports.

2. Usage limits reset on a daily, weekly, or monthly basis as specified by the applicable subscription plan. The reset schedule and current usage are displayed within the Platform interface.

3. Upon reaching a usage limit, the user must wait for the applicable reset period or upgrade to a higher-tier subscription plan to continue using the affected features.

4. The free tier provides limited access to Platform functionalities and is subject to more restrictive usage limits as defined by the current plan specifications.

5. The Operator reserves the right to adjust usage limits for any plan. Existing subscribers shall be notified of material changes to their plan's limits in advance.

§ 7 Intellectual Property

1. All software, source code, algorithms, parsers, map identification systems, tuning solutions, user interface designs, graphics, trademarks, and all other intellectual property comprising the ECUPlex platform are and shall remain the exclusive property of Boost Makers Kamil Herbut.

2. Nothing in these Terms grants the user any right, title, or interest in the Platform's intellectual property beyond the limited license to use the Platform as described in Section 4.

3. The user retains full ownership of any firmware files uploaded to the Platform. The Operator makes no claim of ownership over user-uploaded content.

4. By uploading files to the Platform, the user grants the Operator a limited, non-exclusive license to process, analyze, and store such files solely for the purpose of providing the requested services. This license terminates upon deletion of the files or the user's account.

§ 8 Disclaimer of Warranty

1. The ECUPlex platform and all services provided therein are delivered on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.

2. The Operator does not warrant or guarantee the accuracy, completeness, or reliability of automatic map identification, tuning solutions, DTC removal procedures, or any other analytical results generated by the Platform.

3. The user acknowledges and agrees that they bear sole responsibility for independently verifying all results, modifications, and outputs obtained through the Platform before applying them to any ECU, vehicle, or equipment.

4. The Operator shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from or in connection with the use of the Platform, including but not limited to:

• damage to vehicles, engines, ECUs, or other electronic components;
• voiding of manufacturer warranties;
• non-compliance with local emissions or road safety regulations;
• loss of data or firmware corruption;
• financial losses resulting from reliance on Platform outputs.

5. The user uses the Platform and applies any modifications at their own risk and under their sole responsibility.

§ 9 Data & Privacy

1. The collection, processing, and storage of user personal data is governed by the Privacy Policy available at ecuplex.com. By using the Platform, the user acknowledges and accepts the terms of the Privacy Policy.

2. Firmware files and other data uploaded by the user are stored securely using industry-standard encryption and access controls.

3. Upon deletion of a user's account, all associated personal data, uploaded files, and usage history shall be permanently removed from the Operator's systems in accordance with the applicable data retention policy.

4. The Operator does not sell, share, distribute, or otherwise disclose user-uploaded firmware files to third parties, except where required by applicable law or a valid court order.

§ 10 Support

1. Technical and account support is provided via email during regular business days (Monday through Friday, excluding public holidays in Poland).

2. The Operator shall make reasonable efforts to respond to support inquiries within forty-eight (48) hours of receipt.

3. No guaranteed uptime or service level agreement (SLA) is provided for users on the free tier. Paid subscribers may be entitled to enhanced support terms as specified in their subscription plan.

4. The Operator reserves the right to prioritize support requests based on the user's subscription tier and the nature of the inquiry.

§ 11 Modifications to These Terms

1. The Operator reserves the right to amend, modify, or replace these Special Terms of Use at any time at its sole discretion.

2. Users shall be notified of material changes to these Terms through the Platform interface, via email, or by publication of the revised Terms on ecuplex.com. The effective date of any amendments shall be clearly indicated.

3. Continued use of the Platform after the effective date of any modifications constitutes the user's acceptance of the revised Terms. Users who do not agree with the modified Terms must discontinue use of the Platform and may request account deletion.

§ 12 Governing Law & Jurisdiction

1. These Special Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Poland.

2. Any disputes arising out of or in connection with these Terms, or the use of the ECUPlex platform, shall be submitted to the exclusive jurisdiction of the competent courts in Boleslawiec, Poland.

3. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.