Terms and conditions of sale

These terms and conditions of sale (the "Terms") govern the relationship between Benjamin Fargeot, sole trader (entrepreneur individuel, EI), who operates the ChiptuneFile service (SIRET 940 859 457 00019, 2 rue du Général Louis Clouet, 33650 La Brède, France, the "Provider"), and any customer using the ChiptuneFile platform (the "Customer").

The Customer accepts these Terms when creating its account, and again with each credit purchase and each order, in the version in force on that date. They prevail over any other document of the Customer, unless the Provider agrees otherwise in writing.

• "File": modified engine map file supplied to the Customer based on the original file it submitted.
• "Original file": read of a vehicle's engine control unit (ECU), submitted by the Customer.
• "Credits": prepaid units bought by the Customer on the platform, used to place orders.
• "Customer": professional holding an account on the ChiptuneFile platform, acting for the purposes of its business.
• "Partner": automotive professional registered on the platform as a partner, acting independently.
• "Vehicle": vehicle for which the Customer orders a File.
• "Platform": the chiptunefile.com website and the ChiptuneFile customer area.

ChiptuneFile offers professionals the following services, supplied as digital files:

• Engine remapping (modification of the ECU map)
• Engine control unit (ECU) optimisation
• Custom maps
• E85 (bioethanol) conversion
• File analysis and restore to stock

The options available for each ECU are shown in the customer area when ordering. The Customer submits an original file and receives a modified File according to the selected options.

The website also offers free access to a database of fault codes (DTC) and ECUs. This information is provided for guidance only and does not replace a diagnosis of the vehicle.

Power and torque gains shown on the website are indicative and are not a contractual commitment. Actual results depend in particular on the vehicle's condition, mileage, maintenance and conditions of use.

Access to the services requires an account. The Customer provides accurate and up-to-date information, in particular about its business. It is responsible for keeping its login details confidential and for the use of its account.

The Provider may suspend an account if these Terms are not complied with or if a declaration is inaccurate.

The services work with prepaid credits:

• Credits are bought on the platform and paid online through Stripe, a secure payment provider.
• Credits do not expire as long as the Customer's account is active.
• Credits are linked to the Customer's account and cannot be transferred to a third party.
• Credits are debited when a File order is confirmed.
• Credits cannot be exchanged for money.
• If an order is refused or cancelled by the Provider, the corresponding credits are returned to the Customer's account.
• If a File is defective due to the Provider, the credits used may be returned under the conditions of article 12.

Credit pack prices are shown in euros on the platform. VAT not applicable, article 293 B of the French General Tax Code (CGI): the displayed price is the price paid by the Customer, without VAT.

Payment is due when the pack is purchased and is made online through Stripe. Credits are added to the account once payment is confirmed. An invoice is generated automatically and is available in the customer area.

The Provider may change its prices at any time. New prices apply to purchases made after they are published; credits already purchased remain the Customer's.

To place an order, the Customer must:

1. Have an active account with a sufficient credit balance.
2. Submit the vehicle's original file (ECU read).
3. Provide accurate vehicle information (make, model, engine, year, ECU references).
4. Select the desired options.

Files are delivered exclusively in digital form through the platform. Usual turnaround times are 30 minutes to 24 business hours. They are indicative and depend on the complexity of the request and the service's opening hours; exceeding them does not give rise to any penalty or compensation.

The Provider may refuse or cancel any order, in particular if the original file cannot be used, if the information provided is incomplete, or if there is doubt about the lawfulness of the intended use (article 10).

As the services are reserved for professionals acting for the purposes of their business, the right of withdrawal provided by the French Consumer Code for distance contracts with consumers does not apply.

A confirmed order whose processing has started cannot be cancelled by the Customer or refunded, subject to the guarantee in article 12.

The Customer undertakes to:

• Submit original files read from vehicles it is entitled to modify, with the consent of their owner.
• Provide accurate and complete information about the vehicle and the ECU (ECU type, software and hardware versions, etc.). The Provider is not responsible for the consequences of incorrect information.
• Provide a complete, good quality and uncorrupted original file.
• Keep a backup of the original file before writing anything to the ECU, so that the vehicle can be returned to its original state.
• Check the File received and the mechanical condition of the vehicle before any installation, and carry out the installation according to good workshop practice, with suitable equipment.
• Inform the vehicle owner of the possible consequences of the modification (manufacturer warranty, insurance, regulatory compliance).
• Not copy, distribute, resell or pass on the Files supplied to third parties, except for installing them on the Vehicle concerned.

The Customer is solely responsible for the lawful use of the Files and for the compliance of the Vehicle with the rules applicable where it is used (type approval, roadworthiness testing, insurance, environmental regulations).

Modifying the engine map may constitute a significant modification under article R321-16 of the French Highway Code, make the vehicle non-compliant with its original type approval, and affect the manufacturer warranty and insurance cover.

Before ordering, the Customer must check that use of the File complies with the regulations applicable in the country where the Vehicle is used. The Provider does not guarantee that the Files comply with any particular regulation.

The platform's software, databases, methods and content, as well as the modifications made by the Provider in the Files, remain the property of the Provider or its licensors.

For each order, the Customer receives a non-exclusive, non-transferable right to use the File, limited to its installation on the single Vehicle identified in the order. Any copying, distribution, resale or making available of the Files to third parties is prohibited.

Confidentiality. The Customer undertakes to keep confidential the technical information, working methods, mapping strategies, technical exchanges and know-how of the Provider that it learns of through the services. This obligation applies throughout the business relationship and for 2 (two) years after it ends. Any breach exposes the Customer to a fixed penalty of EUR 5,000 per proven breach, without prejudice to additional damages.

The Provider guarantees that the File delivered matches the options selected by the Customer when ordering.

If a File is defective (mapping error attributable to the Provider), the Customer has 7 business days from delivery to report it through the platform's support. The Provider will then:

1. Correct the File as soon as possible, at no extra cost.
2. If it cannot be corrected, return the credits used for the order concerned.

The Provider has an obligation of means. It is responsible for the File supplied, not for the vehicle on which it is installed.

The Provider is not liable for:

• damage resulting from installation of the File by the Customer or a third party, incorrect installation or unsuitable equipment;
• malfunctions due to a vehicle in poor mechanical condition or poorly maintained;
• the consequences of inaccurate information or a defective original file supplied by the Customer;
• loss of the manufacturer warranty or refusal of cover by an insurer;
• fines, penalties or immobilisation related to the modification or use of the vehicle;
• indirect losses, such as operating losses, loss of revenue, customers or reputation.

Except in the event of gross negligence or wilful misconduct, the Provider's total liability for an order is limited to the price of the credits used for that order.

ChiptuneFile connects professional automotive partners with file tuning services. Partners are independent professionals and are in no way employees, agents or representatives of the Provider.

The Provider processes the personal data of the Customer and its contact persons to manage the account, orders, invoicing and support. Details of this processing, retention periods and individuals' rights are set out in the privacy policy.

The Provider is not liable for failing to perform its obligations in the event of force majeure within the meaning of article 1218 of the French Civil Code, in particular a failure of networks, of the hosting provider or of payment providers that is not attributable to it.

The Provider may amend these Terms. Changes are notified to the Customer by email at least 30 days before they take effect and apply to purchases and orders made after that date. Orders in progress remain governed by the version accepted when they were confirmed.

If any provision of these Terms is held invalid, the other provisions remain in force.

Any complaint should first be sent to the Provider at contact@chiptunefile.com, in order to seek an amicable solution.

These Terms are governed by French law. Failing an amicable agreement, any dispute relating to their formation, interpretation or performance falls under the exclusive jurisdiction of the courts of Bordeaux, France, including for summary proceedings, multiple defendants or third-party claims.

Benjamin Fargeot EI (ChiptuneFile), 2 rue du Général Louis Clouet, 33650 La Brède, France

contact@chiptunefile.com