Terms and Conditions

Under Article 30 of the EU Digital Services Act (Regulation 2022/2065) we identify ourselves as follows:

In these Terms:

• "Services" means the digital services we offer on the international site, including but not limited to remote ECU file tuning, FSC codes, BMW map downloads, BMW feature installer and any physical goods sold in our shop.
• "Digital content" means software files, codes and data we deliver electronically, including ECU calibration files, FSC codes and BMW maps.
• "Order" means your request to purchase a Service or Goods through our site.
• "Consumer" has the meaning given to it in Directive 2011/83/EU and equivalent national laws.
• "Site" means tempadrive.com and its subdomains.

To place an order you must be at least 18 years old, have legal capacity to enter into a binding contract, and either own the vehicle on which the tuning will be used or be authorised by the owner.

The Services available on the international site include:

• Remote ECU File Service — you upload the original ECU read file and we return a personalised tuning file within the stated turnaround time.
• FSC Codes — pre-generated activation codes for BMW navigation updates and similar features, delivered as digital content.
• BMW Maps — digital map downloads for BMW navigation systems.
• BMW Feature Installer — remote activation or configuration of BMW vehicle features.
• Shop — tuning interfaces, tools and accessories delivered as physical goods.
• Informational content — blog articles, guides and reference material provided "as is".

Availability of a specific Service may depend on your vehicle, its hardware revision, the software version on it and other technical factors. We will tell you before we charge you if we cannot proceed.

The product information on the Site is an invitation to treat, not a binding offer. You make an offer by submitting your Order and clicking the button labelled "Order with obligation to pay" (or equivalent).

The contract is formed when we send you an order confirmation by email. If we cannot accept your Order we will let you know and will not charge you.

All prices are displayed in euro (EUR) unless stated otherwise. Prices include applicable value-added tax (VAT) for consumers in the European Union. Business customers (B2B) who provide a valid EU VAT number may receive invoices under the reverse-charge mechanism, subject to verification.

Delivery charges for physical goods (if any) are shown before you confirm your Order. Currency-conversion fees charged by your payment provider are your responsibility.

Payment is due when you place your Order, unless a different arrangement is expressly agreed in writing. We accept the payment methods displayed at checkout. Your payment is processed by a third-party payment provider that is itself regulated; we do not see or store your full card details.

Delivery depends on the product:

• Digital content — delivered by email, secure download link or account dashboard, typically within the turnaround time stated on the product page (often a few hours for file service; immediate for codes and maps).
• Physical goods — shipped to the address you provide, with delivery times stated at checkout. Risk of loss passes to a consumer when the goods are handed to the consumer; risk of loss passes to a business buyer when the goods are handed to the first carrier.

If we cannot deliver within 30 days (or the time we have promised in writing), you may cancel the Order and receive a full refund.

If you are a consumer in the European Union (or a country with equivalent rules), you normally have the right to withdraw from a distance contract within 14 days without giving any reason, under Articles 9–16 of Directive 2011/83/EU.

Exception for personalised digital content (Art. 16(m)): the ECU tuning files we produce are specifically prepared for your individual vehicle based on the file you upload. They cannot be resold or reused. For this reason, once we have begun work on your personalised file with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal, the right of withdrawal no longer applies to that Service.

Before we start, you will be shown and must actively confirm the following statement: "I expressly request that work on my personalised tuning file begins immediately and I acknowledge that, by asking TempaDrive to start before the 14-day withdrawal period expires, I will lose my right of withdrawal once the file has been delivered." We keep a record of your confirmation.

Exception for sealed digital content on a tangible medium, or for digital content delivered other than on a tangible medium, where performance has begun with the consumer's prior express consent and acknowledgement of loss of the right: the right of withdrawal does not apply after delivery has begun (Art. 16(m) CRD).

For standard, non-personalised Services and for physical goods, the normal 14-day right of withdrawal applies. To exercise it, send a clear statement (for example, a letter sent by post or an email) to info@tempadrive.com within the 14-day period. You may use the model withdrawal form available on the European Commission's consumer portal.

We will refund all payments received from you (including standard delivery costs) within 14 days of receiving the withdrawal notice, using the same payment method you used, unless you expressly agree otherwise. For physical goods, we may withhold the refund until we receive the goods back or you provide evidence you have sent them. You bear the direct cost of returning physical goods.

We are obliged by law to supply goods and digital content that conform to the contract. Under Directive 2019/771 (goods) and Directive 2019/770 (digital content and services), you benefit from a minimum two-year liability for lack of conformity for goods, and an equivalent liability for digital content delivered in a single act.

If the goods or digital content are not in conformity, you have the right — in the order determined by law — to have them brought into conformity (repair or replacement), to a proportionate price reduction, or to terminate the contract and receive a refund. Terminating the contract is not possible if the lack of conformity is minor.

In addition to your statutory rights, TempaDrive provides the following commercial warranty on our tuning files:

• Duration: two (2) years from the date the file is delivered.
• Scope: we will re-work the file free of charge if, within the warranty period, a defect in our calibration causes a drivability issue or a diagnostic fault code attributable to our work.
• Exclusions: the warranty does not cover (i) damage or faults caused by hardware failure, wear and tear, improper installation, accidents, misuse or racing use; (ii) modifications performed by third parties after our delivery; (iii) files altered or redistributed without our permission; (iv) use contrary to the law of your country.

This commercial warranty does not affect your statutory rights as a consumer.

• Provide accurate information about your vehicle, including VIN and engine code.
• Upload genuine, original ECU read files — not files modified, obtained from third parties, or obtained by illegal means.
• Ensure you are legally entitled to modify the vehicle (for example, that you are the owner or are acting with the owner's written authorisation).
• Comply with the road-traffic, emissions and vehicle-registration laws of your country when using the files we deliver.
• Keep your account credentials secure and notify us immediately of any unauthorised use.

You agree not to:

• Upload malware, viruses or any content that could harm our systems or other users.
• Attempt to reverse-engineer, scrape or circumvent the security measures of the Site.
• Use the Services to infringe intellectual property, privacy or other rights of third parties.
• Resell, redistribute or make the digital content we deliver available to third parties without our written consent.
• Use the Site or Services in a way that is unlawful in your jurisdiction.

When you submit content to us (ECU files, photos, reviews, messages) you confirm that you have the right to do so and you grant us a non-exclusive, worldwide, royalty-free licence to use that content for the purpose of providing the Services to you. For reviews published on the Site you additionally grant us the right to reproduce and display the content on our marketing materials. You may withdraw this additional licence at any time.

We may moderate user-submitted content and remove content that we reasonably consider illegal, infringing or contrary to these Terms, in line with Articles 14–16 of the Digital Services Act.

All tuning files, codes, maps, software, text, images, logos, trademarks and other material on the Site are owned by TempaDrive or licensed to us, and are protected by copyright, trademark and other laws.

Upon payment, you receive a non-exclusive, non-transferable, perpetual licence to use the digital content we deliver for the single vehicle identified in your Order. You may not copy, modify, redistribute, resell, decompile or reverse-engineer the content, except to the extent the law expressly permits.

If you believe that material on the Site infringes your copyright, please send a notice to info@tempadrive.com containing: (a) identification of the copyrighted work; (b) the URL of the infringing material; (c) your contact details; (d) a statement that the use is not authorised and, under penalty of perjury, that the information is accurate and you are the owner or authorised to act on the owner's behalf; (e) your signature (electronic signatures accepted).

We will review the notice and, where appropriate, remove or disable access to the material and notify the person who provided it.

Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot by law be limited or excluded; or (iv) a consumer's statutory rights.

Subject to the above, our aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty or otherwise — shall be limited to the total amount paid by you for the specific Service or Goods giving rise to the claim during the twelve (12) months preceding the event. We are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data, except as expressly stated.

We are not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, war, acts of terrorism, pandemic restrictions, major outages of infrastructure we depend on, cyber-attacks, or acts of public authorities.

We process personal data in accordance with our Privacy Policy. Please review it — it forms an integral part of your contract with us.

If you are unhappy with anything, please write to info@tempadrive.com first. We will acknowledge your complaint within two working days and aim to resolve it within fourteen (14) days.

If the complaint cannot be resolved directly, consumers in the European Union may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are, however, not currently committed to using an alternative dispute resolution body unless required by law.

Lithuanian consumers may also contact the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba) at https://www.vvtat.lt.

These Terms are governed by the laws of the Republic of Lithuania, without regard to conflict-of-law principles. The competent courts are those of the City of Vilnius, Lithuania.

If you are a consumer, the above choice of law and jurisdiction does not deprive you of the protection afforded to you by the mandatory rules of the law of your country of habitual residence (Article 6 of the Rome I Regulation) and you may bring proceedings in the courts of your country of habitual residence (Article 18 of the Brussels Ia Regulation).

We may update these Terms to reflect changes in our services, our processors or applicable law. We will post the updated version here and update the "Last updated" date. For material changes affecting existing customers we will give at least 30 days' advance notice by email before they take effect, in line with Article 14(4) of the Digital Services Act.

Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the new Terms.

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full effect. These Terms, together with the Privacy Policy and any product-specific terms we may agree in writing, constitute the entire agreement between you and us relating to the Services.

All legal notices should be sent to: