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FLOW VIN TUNE — TERMS OF SERVICE These Terms of Service ("Terms") are a binding agreement between you and Flow VIN Tune (part of the Flow.VIN ecosystem) ("Flow VIN Tune", "we", "us", "our"). They govern your access to and use of the Flow VIN Tune service, website, and customer account (together, the "Service"). Please read them carefully. By creating an account, accepting these Terms at a Consent Checkpoint (as defined in Section 2), placing an order, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. The binding version of these Terms is the English-language version. Translations into other languages are provided for convenience only; where a translation is not available, the Service may display the English text with notice. If there is any conflict, the English version governs. 1. WHO WE ARE AND THE DOCUMENTS THAT APPLY We provide an AI-assisted, human-approved ECU tuning service for supported Alfa Romeo and shared-platform Lancia vehicles, within the Flow.VIN ecosystem. The Service is delivered over the web: you upload your vehicle's original ECU file, our system may propose a calibration change on recognised ECU families, and a human tuner reviews and explicitly approves every file before it can be downloaded. These Terms apply together with the following documents, each of which is incorporated into and forms part of these Terms and is referred to by its public name: - the Privacy Policy, which explains how we handle your personal data; - the Tuning Disclaimer, which sets out the risks of ECU tuning and your responsibilities; and - the AI Disclosure, which explains how the AI assistance works and its limits. Each of these documents is available on our website and is presented to you, by its name, at the points where you accept these Terms. If there is any conflict between these Terms and the Tuning Disclaimer about risk, responsibility, or liability, the Tuning Disclaimer prevails to the extent it is more specific, except that the limitation-of-liability provisions and non-excludable-liability carve-outs in Section 11 of these Terms always control the monetary limits of, and exceptions to, our liability. Nothing in any of these documents limits your non-waivable statutory rights as a consumer. 2. DEFINITIONS In these Terms, the following words have the meanings given below. We use defined terms sparingly. - "Original File" means the original, unmodified ECU file that you upload for your vehicle. - "Delivered File" means a tuner-approved calibration file that we make available to you to download for a given order. - "Calibration Delta" means a proposed Stage 1 or Stage 1+ change to the parameters of a recognised ECU, from which a Delivered File may be produced. - "Recognised ECU Family" means an ECU type that is on our supported list and for which the Service can propose a Calibration Delta. - "Consent Checkpoint" means a point in the order flow (before submission and before download) where we ask you to read and accept the applicable consent and disclaimer text. 3. ELIGIBILITY To use the Service you confirm that: - you are at least 18 years old and have the legal capacity to enter into a binding contract; - you are using the Service for your own account, or you are authorised to act for the person or organisation on whose behalf you use it; and - you own the vehicle for which you place an order, or you otherwise have the lawful right and authority to have its ECU file modified. If you do not meet these conditions, you must not use the Service. 4. YOUR ACCOUNT AND SECURITY To use the Service you must create an account and verify your email address. You are responsible for keeping your account credentials confidential and for all activity that takes place under your account. You agree to provide accurate account information and to keep it current. If you believe your account has been accessed without your authorisation, you must take reasonable steps to secure it and contact us promptly through the support options in your account. We may take steps to protect your account and the Service, including suspending access, where we reasonably suspect unauthorised use or a security risk. We use a strictly necessary session cookie to keep you signed in. We do not use advertising or analytics trackers in the Service. More detail is in the Privacy Policy. 5. THE SERVICE The Service works as follows. - You provide vehicle and order information at intake, including the make, model, year, and engine, your intended use of the vehicle, and the jurisdiction where you will use and register it. You then upload your Original File. - Where your ECU is on a Recognised ECU Family, our system may propose a Calibration Delta. Where your ECU is not on a Recognised ECU Family, no AI candidate is produced and your order goes to manual tuner review instead. - A human tuner reviews the proposed file. No file is delivered or made available for download unless a human tuner has explicitly approved that exact version. There is no automatic delivery. This human-approval gate is technically enforced: download links are only ever issued for tuner-approved file versions. - Every file we hold for your order (the Original File, any working file, the approved file, and any rejected file) is fingerprinted with an immutable SHA-256 hash, so the integrity of each version can be verified. The Service is limited to Stage 1 and Stage 1+ calibrations. The following are expressly outside the Service. We do not provide, and the Service will not produce: - Stage 2 calibrations; or - any modification, disabling, bypassing, removal, or defeat of any emissions-control device or function, including (without limitation) the diesel particulate filter (DPF), exhaust gas recirculation (EGR), selective catalytic reduction (SCR), catalysts, on-board diagnostics or readiness monitors, or any other "defeat device". The AI is advisory and proposes a candidate only; it does not deliver files, and it does not operate, control, or drive any vehicle. The AI Disclosure explains this in more detail. We do not represent that any tune is "safe", "guaranteed", "warranty-safe", or "fully automatic", and we make no claim about horsepower, fuel economy, or any other result. As set out in Section 10, you are specifically informed of, and accept separately at the Consent Checkpoint, that no particular power, torque, or fuel-economy figure is promised and that results vary. We make no representation that ECU tuning, or your use of a Delivered File, is lawful in any particular place, and we make no emissions, type-approval, or regulatory-compliance claim. Your responsibilities about legality and risk are set out in Section 6 and in the Tuning Disclaimer. 6. YOUR OBLIGATIONS AND ACCEPTABLE USE When you use the Service, you agree to each of the following. - Accurate intake. You will provide accurate and complete information, including the vehicle details, your intended use, and the jurisdiction where you will use and register the vehicle. We rely on this information. - Vehicle condition. You will ensure that your vehicle is in sound mechanical condition and that its servicing and maintenance are current before you install any Delivered File. ECU tuning increases stress on engine and driveline components and can expose or worsen a pre-existing or unknown fault. - Lawful ownership and authority. You confirm that you lawfully own, or are authorised to act in respect of, both the vehicle and the Original File you upload, and that uploading the Original File and receiving a Delivered File does not infringe the rights of any third party, including the vehicle manufacturer. - Lawful use. You are responsible for determining whether using a Delivered File is lawful where you drive and register your vehicle, and for any registration, inspection, type-approval, insurance-disclosure, or other legal step required. You will not use the Service or any Delivered File for any unlawful purpose. - No resale or redistribution. The Delivered File is for your own vehicle only. You will not sell, sublicense, distribute, share, publish, or otherwise make available any Delivered File to any other person, and you will not reverse-engineer, decompile, disassemble, or attempt to derive the underlying calibration logic of any Delivered File, except to the extent this restriction cannot be excluded under applicable law. - No misuse of the Service. You will not attempt to circumvent the human-approval gate, the supported-ECU limits, or any security or integrity control; you will not upload malicious code or content; and you will not use the Service to obtain or attempt to produce any modification we have excluded under Section 5. If you breach these obligations, we may suspend or terminate your access as described in Section 13. 7. ORDERS, PAYMENT, AND DELIVERY You place an order through your account. Payments are processed by Stripe; we do not store your full card number. By placing a paid order you authorise the applicable charge. We deliver only tuner-approved versions. After a human tuner approves a file for your order, we make it available to you to download. Each Delivered File carries an immutable SHA-256 hash so that you can verify you have received the exact approved version, unaltered. You may request revert to stock. We retain your Original File for this purpose, so that the calibration can be returned to its original state. Revert to stock is a feature of the Service, not a substitute for your statutory rights. 8. STATUTORY RIGHT OF WITHDRAWAL AND REFUNDS Where the law gives you, as a consumer, a right to withdraw from a distance contract within a cooling-off period (in the European Union, generally 14 days), that right applies to your purchase of digital content from us, subject to the following. A Delivered File is digital content that is not supplied on a tangible medium and that is prepared specifically for your order. The law allows you to lose the right of withdrawal for such digital content once its supply has begun with your prior express consent and your acknowledgment that you thereby lose that right. We inform you of this in advance: by giving your express request and acknowledgment at the Consent Checkpoints, you agree that we may begin preparing and make available the file for your order before the withdrawal period ends, and you acknowledge that, once any file delivered for your order has been made available to you, you lose your right to withdraw from the contract for that file. You give this express request and acknowledgment as a separate, affirmative step at the Consent Checkpoint, distinct from your acceptance of these Terms; it is not part of, and does not depend on, your general acceptance of the Terms. We confirm your express request and acknowledgment in two ways: we record it in our immutable consent record, together with the exact text version you accepted, the time of acceptance, and connection and device metadata; and we send a confirmation email to the address on your account that lists the documents and versions you accepted and restates your acknowledgment that you lose the right of withdrawal once a file for your order is made available. You may also request a copy of this record at any time through the support options in your account. This means that, where you have given that express request and acknowledgment, we may decline a refund for a file that has already been made available to you. In all other cases, your statutory rights, including any right of withdrawal that has not been lost and any rights you have if a Delivered File does not conform to the contract, are unaffected. We do not operate an "all sales final" policy, and nothing in these Terms removes a refund or remedy that the law requires us to provide. Your statutory consumer rights regarding the conformity of digital content are not affected by these Terms. 9. LICENCE OF THE DELIVERED FILE AND YOUR ORIGINAL FILE A Delivered File is licensed to you, not sold. Subject to your payment and to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, personal licence to use the Delivered File on the single vehicle for which it was ordered. The licence does not permit any of the uses prohibited in Section 6, including resale, redistribution, or reverse-engineering. You keep all rights you have in your Original File. We do not claim ownership of your Original File, and we retain a copy only as needed to provide the Service, to enable revert to stock, and to keep the immutable integrity and audit record. We retain the rights in our own systems, calibration know-how, and the tooling used to produce Calibration Deltas. 10. WARRANTIES AND DISCLAIMER TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE STATUTORY RIGHTS DESCRIBED IN THIS SECTION, THE SERVICE AND EACH DELIVERED FILE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DELIVERED FILE WILL ACHIEVE ANY PARTICULAR RESULT. RESULTS VARY WITH THE CONDITION OF YOUR VEHICLE, THE FUEL YOU USE, THE ENVIRONMENT, AND HOW THE VEHICLE IS USED AND MAINTAINED. WE DO NOT REPRESENT THAT ANY TUNE IS "SAFE", "GUARANTEED", "WARRANTY-SAFE", OR "FULLY AUTOMATIC", AND WE DO NOT GUARANTEE ANY HORSEPOWER, TORQUE, FUEL-ECONOMY, OR OTHER FIGURE. WE DO NOT REPRESENT THAT TUNING, OR YOUR USE OF A DELIVERED FILE, IS LAWFUL ANYWHERE, AND WE MAKE NO EMISSIONS, TYPE-APPROVAL, OR REGULATORY-COMPLIANCE CLAIM. HUMAN APPROVAL IS A QUALITY AND ELIGIBILITY STEP IN OUR PROCESS; IT IS NOT A WARRANTY OF SAFETY, ROAD-LEGALITY, OR FITNESS FOR YOUR PURPOSE. YOU ARE SPECIFICALLY INFORMED OF, AND ACCEPT SEPARATELY AT THE CONSENT CHECKPOINT, THAT NO PARTICULAR POWER, TORQUE, OR FUEL-ECONOMY FIGURE IS PROMISED AND THAT PERFORMANCE VARIES WITH THE CONDITION OF YOUR VEHICLE, THE FUEL USED, THE ENVIRONMENT, AND HOW THE VEHICLE IS USED. THIS IS A SPECIFIC DEVIATION FROM WHAT YOU MIGHT OTHERWISE EXPECT OF DIGITAL CONTENT, AND IT BINDS YOU ONLY BECAUSE YOU ARE TOLD OF IT SPECIFICALLY AND ACCEPT IT SEPARATELY AT THE CONSENT CHECKPOINT, BY A DISTINCT, ACTIVE STEP, AND NOT MERELY BY ACCEPTING THESE TERMS. A customer-rights note about manufacturer warranties: in some jurisdictions, such as the United States, a vehicle manufacturer cannot void your whole warranty merely because of a modification, and may deny warranty coverage only for damage that it can show the modification caused. Whether and how such protections apply depends on the law where you live. This note describes rights you may have; it is not a promise by us that any tune is "warranty-safe", and it does not change the disclaimers above. Nothing in this Section excludes or limits any warranty, guarantee, or right that cannot be excluded or limited under applicable mandatory law. If you are a consumer, you have statutory rights, including the right to receive digital content that conforms to the contract, and those rights are not affected by this Section. Where a Delivered File does not conform, you may be entitled to have it brought into conformity, to a price reduction, or to terminate, as the law provides; revert to stock may also be available to you. 11. LIMITATION OF LIABILITY THIS SECTION DOES NOT LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IN PARTICULAR, NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; INTENT OR GROSS NEGLIGENCE; OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY LAW, INCLUDING MANDATORY CONSUMER-PROTECTION LAW. SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW: - WE ARE RESPONSIBLE FOR LOSS OR DAMAGE THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE. - WHERE WE BREACH AN OBLIGATION THAT IS ESSENTIAL TO THE SERVICE AND THE BREACH RESULTS FROM SLIGHT NEGLIGENCE, OUR LIABILITY IS LIMITED TO THE FORESEEABLE LOSS TYPICAL FOR THIS KIND OF CONTRACT. - TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSS, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR OPPORTUNITY. - IN ANY EVENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A GIVEN ORDER IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THAT ORDER. YOU REMAIN RESPONSIBLE FOR ENSURING YOUR VEHICLE IS IN SOUND MECHANICAL CONDITION, FOR HOW AND WHERE YOU INSTALL AND USE A DELIVERED FILE, AND FOR THE LEGALITY OF YOUR USE, AS SET OUT IN SECTION 6 AND IN THE TUNING DISCLAIMER. THIS LIMITATION IS NOT A BLANKET EXCLUSION; IT IS A CAP THAT OPERATES ALONGSIDE THE NON-EXCLUDABLE LIABILITIES STATED ABOVE. 12. INDEMNITY To the extent permitted by applicable law, and except to the extent caused by our own breach or negligence, you agree to indemnify and hold us harmless from claims, losses, and reasonable costs arising out of: your breach of these Terms or of the Tuning Disclaimer; your unlawful or unauthorised use of the Service or of any Delivered File; your installation or use of a Delivered File on a vehicle, or in a manner or jurisdiction, that is not permitted; or your upload of an Original File that you did not have the right to upload. To the extent you are a consumer, this indemnity applies only where and to the extent permitted by mandatory consumer law, and only to claims arising from your wilful or negligent breach; otherwise it does not apply to you. 13. AVAILABILITY, SUSPENSION, AND TERMINATION We may change, suspend, or withdraw the Service, or any part of it, including the list of Recognised ECU Families, at any time. We will take reasonable steps to limit disruption. We may suspend or terminate your access to the Service, or to a specific order, if you breach these Terms, if we reasonably suspect unlawful use or a security risk, or if we are required to do so by law. Where we do so, we will act proportionately and, where practical and lawful, give you notice. You may stop using the Service and close your account at any time through the support options in your account. Termination does not affect rights or obligations that have already accrued, including payment obligations, the licence terms in Section 9, and any Section that by its nature should survive (including Sections 6, 9, 10, 11, 12, 15, 16, and 17). 14. CHANGES TO THESE TERMS We may revise these Terms from time to time. Each version of these Terms is identified and recorded. The version that applies to an acceptance is the version published and accepted at the time of that acceptance, and we keep prior versions so that any past acceptance can be matched to the exact text accepted. For minor or operational changes, we will give reasonable notice, for example by publishing the updated Terms, and your continued use of the Service after the change takes effect will mean you accept it. For changes that materially affect your rights, we will ask you to accept the updated Terms before you continue to use the Service. We will not change the Terms retroactively for an order that has already been delivered. You may stop using the Service at any time if you do not wish to accept a change. 15. DATA PROTECTION We handle your personal data as described in the Privacy Policy, which forms part of these Terms. The Privacy Policy explains what we collect, why, the legal bases on which we rely, who processes data on our behalf, how international transfers are handled, how long we keep data, and the rights you have. Decisions in the Service are not based on automated processing alone: a human tuner reviews and approves every file. 16. GOVERNING LAW AND FORUM These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the State of Israel. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The competent courts of Tel Aviv-Yafo, Israel, are the default forum for disputes. This does not deprive you of the protection of mandatory law. If you are a consumer, this choice of governing law and forum does not deprive you of the protection afforded to you by the mandatory consumer-protection rules of the country where you habitually reside, and it does not take away any right you have, where applicable law gives you that right, to bring proceedings in the courts of the country where you habitually reside, or to be sued only in those courts. Where mandatory law gives you a more favourable rule, that rule applies. We do not require arbitration, and these Terms contain no class-action waiver. 17. MISCELLANEOUS Severability and read-down. If any provision of these Terms is found to be unfair, invalid, or unenforceable under applicable law, that provision will, to the extent possible, be read down so that it is valid and enforceable, or otherwise be treated as removed, and the remaining provisions will continue in full force. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to a successor or affiliate, provided this does not reduce your rights under these Terms or under applicable law. Entire agreement. These Terms, together with the Privacy Policy, the Tuning Disclaimer, and the AI Disclosure, are the entire agreement between you and us regarding the Service, and replace any earlier understanding on the same subject. This does not exclude liability for fraud or fraudulent misrepresentation. No waiver. If we do not enforce a right under these Terms, that is not a waiver of that right, and it does not prevent us from enforcing it later. Contact. You can reach us through the support options in your account.