By using this website (MotoFlasher.com) or software MotoFlasher you agree to these terms of service.
Last Updated: 28.02.2025
Welcome to MotoFlasher (“we,” “us,” or “our”), a specialized software tool designed for flashing (reprogramming) motorcycle ECUs (“the Software”). By purchasing, downloading, installing, accessing, or otherwise using MotoFlasher, you (“you,” “your,” or “user”) agree to be bound by the following Terms of Service (“Terms”). Please read them carefully. If you do not agree to these Terms, you must not use the Software.
1.1 Binding Agreement
These Terms constitute a legally binding agreement between you and MotoFlasher. By using the Software in any capacity, you acknowledge that you have read, understood, and agreed to abide by these Terms, including our [Privacy Policy] and [Refund Policy].
1.2 Authority
You represent and warrant that you are of legal age and have the full authority to enter into these Terms. If you are using the Software on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization to these Terms.
1.3 Modifications
We reserve the right to modify these Terms at any time. Any updates will be effective immediately upon posting. Your continued use of MotoFlasher after such modifications indicates acceptance of the revised Terms.
2.1 License Grant
Subject to your compliance with these Terms, MotoFlasher grants you a non-exclusive, non-transferable, revocable license to install and use the Software solely for lawful purposes in accordance with these Terms.
2.2 Restrictions on Use
2.3 Ownership
All rights, title, and interest in and to the Software, including all intellectual property rights, are owned by MotoFlasher or its licensors. No rights are granted to you other than those expressly stated in these Terms.
2.4 Third-Party Components
The Software may include or interoperate with third-party libraries, plugins, or services. Use of such third-party components is subject to the applicable license terms. MotoFlasher disclaims all liability for third-party components and is not liable for any damages or losses arising from their use.
3.1 Compliance with Laws
You agree to comply with all applicable laws, rules, and regulations, including but not limited to emissions laws, vehicle safety regulations, and intellectual property laws.
3.2 Account Security (if applicable)
If the Software or its associated services require user account registration, you are responsible for maintaining the confidentiality of login information and are accountable for all activities under your account.
3.3 No Unauthorized Access
You must not attempt to gain unauthorized access to any portion of the Software, servers, or networks. Any suspected hacking, tampering, or unauthorized access may result in the suspension or termination of your license.
3.4 Backup and Data Protection
Before using the Software to flash or modify any ECU, you are solely responsible for making comprehensive backups of any data or configurations that could be affected. MotoFlasher is not responsible for any data loss, corruption, or damage resulting from ECU modifications.
4.1 As-Is Basis
MotoFlasher is provided on an “as-is” and “as-available” basis, without warranties or conditions of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
4.2 No Guarantee of Results
We do not guarantee that the Software will meet your requirements or expectations, be free from errors or disruptions, or produce intended results. You assume all risk associated with the quality, performance, and use of the Software.
4.3 No Warranty Against Damage
Altering ECU data or vehicle performance parameters can potentially void warranties, cause mechanical damage, or violate emissions regulations. You understand and agree that the use of MotoFlasher is at your sole risk.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent that any disclaimer or limitation of liability in these Terms is limited by law, it shall be limited to the greatest extent permitted by law.
5.1 Maximum Liability
To the fullest extent permitted by applicable law, in no event shall MotoFlasher, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, or for lost profits, lost revenue, data loss, or damages arising from your use or inability to use the Software, even if advised of the possibility of such damages.
5.2 Cap on Damages
In no event shall MotoFlasher’s total cumulative liability exceed the fees actually paid by you for the Software (if any) within the six (6) months preceding the event giving rise to the claim.
5.3 Jurisdictional Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless MotoFlasher, its affiliates, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
For details regarding eligibility and conditions for refunds, please consult our [Refund Policy]. By purchasing and using MotoFlasher, you acknowledge that you have read and agree to be bound by the Refund Policy, which is incorporated into these Terms by reference.
Our data collection and usage practices, including details about information we log, store, and use, are outlined in our [Privacy Policy]. You agree to the collection and use of your data as described therein.
9.1 Term
These Terms become effective as soon as you purchase, install, or use the Software, and remain in effect until terminated by either party.
9.2 Termination by You
You may terminate these Terms at any time by ceasing use of the Software and, if applicable, deleting or removing all copies of the Software in your possession.
9.3 Termination by MotoFlasher
We reserve the right to terminate or suspend your license immediately, without prior notice or liability, for any breach of these Terms or if we believe you have engaged in unlawful or unauthorized conduct.
9.4 Effects of Termination
Upon termination, the rights and licenses granted to you will immediately cease, and you must discontinue all use of the Software. The provisions of these Terms that by their nature are intended to survive termination shall remain in full force and effect.
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the use of the Software shall be settled in the courts of France, unless the parties mutually agree to arbitration or alternative dispute resolution.
10.3 Waiver of Class Action
Where permitted by law, you agree to resolve any disputes on an individual basis and waive any right to pursue class action or consolidated claims.
You agree not to use or export the Software in violation of any applicable export laws or regulations. You assume responsibility for compliance with all applicable laws and regulations regarding the use or transfer of the Software.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
These Terms, together with the Refund Policy and Privacy Policy, constitute the entire agreement between you and MotoFlasher regarding the Software and supersede any prior or contemporaneous agreements, understandings, or communications.
If you have any questions, concerns, or feedback regarding these Terms or the Software, please contact our support team at info@old.motoflasher.com.
By purchasing, installing, or using MotoFlasher, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, including all policies incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Software immediately.
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