Terms & Conditions

Notice:

Please read these terms and conditions carefully. By accessing this site, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any part of it.

Copyright in the pages, screens displaying the pages, information and material therein and in their arrangement, is owned by Mechasoft GmbH operating DSG.EXPERT brand, unless otherwise indicated. Mechasoft GmbH (aka DSG.EXPERT). All rights reserved.

Intellectual Property Rights and Trademarks.

Mechasoft GmbH and the DSG.EXPERT logotype are trademarks and service marks of Mechasoft GmbH and are used and/or registered throughout the world. Mechasoft GmbH and its affiliates also claim rights in certain other trademarks and service marks contained in these web pages.
You acknowledge that all intellectual property rights in this site (including but not limited to all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights and all applications for the same anywhere in the world) belong to Mechasoft GmbH and its affiliates and you shall have no rights in or to the site other than the right to use it in accordance with the terms of this license.

Use of Information and Materials

You must only use this site in accordance with all applicable laws. You must not load or transmit through the site any computer virus or anything designed to interrupt or disrupt the proper operation of the site. You may only copy or download any part of the site where we have expressly stated that you may do so and then only for your private use or any other use we have expressly permitted (and in accordance with this license and, if you have an account with us, in accordance with our terms and conditions relating to that account). Subject to that you shall not copy or reproduce the site in whole or in part or otherwise make the same available to any person.
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of DSG.EXPERT web sites and systems including but not limited to unauthorized entry into DSG.EXPERT systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Mechasoft GmbH and/or its affiliates.

Links

This site may contain links to web sites controlled or offered by third parties (non-affiliates of Mechasoft GmbH). Mechasoft GmbH hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this website. By creating a link to a third party web site, Mechasoft GmbH does not endorse or recommend any products or services offered or information contained at that web site, nor is Mechasoft GmbH liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of DSG.EXPERT and the third party website may provide less security than the DSG.EXPERT site.

No Warranties

We do not warrant that the site will always be accessible and useable, nor that use will be uninterrupted or error free. We shall not be liable to you if the site is inaccessible or unusable in whole or in part, for any reason. Without prejudice to the generality of the foregoing, we will not be liable to you if the site is inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like.
You must install and keep up to date virus-checking software for your hardware and software systems. You must also ensure that your information technology is compatible with ours and that any hardware, software or communication link you may use is sufficient and appropriate.
The information and materials contained in this site, including text, graphics, links or other items are provided “As Is”, “As Available”. Mechasoft GmbH does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranties of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus are given in conjunction with the information and materials and all such warranties are expressly excluded to the fullest extent permitted by the law.

Limitation of Liability

In no event will Mechasoft GmbH be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked sites, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Mechasoft GmbH, or representatives thereof, are advised of the possibility of such damages, losses, or expenses (or should have been or were aware of the possibility of the same arising).

Submissions

All information submitted to Mechasoft GmbH via this site shall be deemed and remain the property of Mechasoft GmbH and Mechasoft GmbH shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to DSG.EXPERT site provides Mechasoft GmbH through this site. Mechasoft GmbH shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed in writing by Mechasoft GmbH (including under its privacy policy) or as otherwise specifically required by law.

Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Any user must make sure that the applicable law governing such user allows the use by him of this web site.

Additional Term

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Services Provided

Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with DSG.EXPERT, we will maintain one Account in Customer’s name and will effect his gearbox software modifications (tuning) with and for Customer and provide such other services and products as DSG.EXPERT may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between DSG.EXPERT and Customer shall be governed by the terms of this Customer Agreement, as amended from time to time (including, without limitation, DSG.EXPERT’s Terms and Conditions of Use). The activities on DSG.EXPERT and publications thereon do not constitute advice in any manner, including without limitation, as to technical solutions, modifications level, nor do they take into account any Customer’s specific needs, and you should not rely on these in effecting any activities (on DSG.EXPERT or otherwise).

We will try to assess your knowledge and experience on the basis of the information received from you to enable a decision to be made on appropriateness. If we determine that the gearbox software changing service is not suitable for your level of experience and/or knowledge we will notify you. If you elect not to provide the information required to allow us to assess appropriateness, or if you provide insufficient information regarding your knowledge or experience, we may be unable to determine whether the gearbox software changing service is appropriate for you. You will only be able to use this site by acknowledging that you opted to continue at your own risk.


Gearbox software modifications (tuning)

DSG.EXPERT allows you to perform various modifications on your gearbox software binary code including in respect of digital options based on various indices (for example, software and hardware versions or vehicle configuration), and to receive modified file, ready to be programmed (flashed) to your TCM (Transmission Control Module) and various other services. Prior to effecting any modifications, we advise you to read the explanations or check the hints that may be found on the website regarding each type of action. The rules of tuning are set exclusively by DSG.EXPERT.
Customer authorizes DSG.EXPERT to perform all changes in accordance with Customer’s instructions received through the DSG.EXPERT site.

Charges and Payments

DSG.EXPERT reserves the right to change its fee structure at any time without advance notice.

Inactive Client Accounts

You acknowledge and confirm that any account in which you have not placed any order for (6) six months or more, shall be classified as an Inactive Account. You further acknowledge and confirm that the company reserves the right to delete your previous orders and order history.

Cancellation

DSG.EXPERT shall have the right to unilaterally cancel, by means of a notice to Customer, any orders of Customer which, due to an error, including a computer or system error, was effected at a price which does not reflect DSG.EXPERT’s applicable published price.

Representations and Warranties

As of the date hereof, and the date of each Customer’s order and any date on which DSG.EXPERT’s Risk Warning or Term and Conditions of Use are revised, updated or amended, Customer represents and warrants to DSG.EXPERT and agrees for the benefit of DSG.EXPERT that:
• If Customer is a natural person, Customer is of sound mind, legal age (at least 18 years old) and legal competence .
• If Customer is not a natural person, (1) Customer is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (2) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer; and (3) each person executing and delivering this Agreement and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so .
• Execution and delivery by Customer of this Agreement and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Agreement and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
• Customer is the sole and ultimate beneficiary and has full beneficial ownership of Customer’s Account. Customer is prohibited from and has not granted and will not grant a security interest in Customer’s Account with DSG.EXPERT (other than the security interest granted to DSG.EXPERT hereunder) to any person without DSG.EXPERT’s prior written consent.
• All information provided to DSG.EXPERT by Customer is complete and accurate in all respects and the Customer shall promptly inform DSG.EXPERT of any changes thereto.
• Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as DSG.EXPERT, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of DSG.EXPERT or to protect DSG.EXPERT’s interests with respect to any collateral.
• Customer is prohibited from allowing other persons, other then himself, to operate Customer’s account via the Internet, under Customer’s IP address and/or any other IP address while accessing and using Customer’s account.
• Customer has read and understands the provisions contained in this Agreement, including, without limitation, DSG.EXPERT’s Risk Warning, Privacy Policy and Terms and Conditions of Use, Customer will review the Agreement each time it is amended. Customer will not affect any transaction in Customer’s Account unless Customer understands DSG.EXPERT’s revised Agreement, and Customer agrees that in effecting any transaction it is deemed to represent that it has read and understands DSG.EXPERT’s revised Agreement as in effect at the time of such transaction.
• Customer agrees to comply with all applicable law. You may not use your personal account with DSG.EXPERT for any illegal activity.

DSG.EXPERT Responsibilities

DSG.EXPERT shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to DSG.EXPERT, Customer, any market, or any settlement or clearing system.

Disclosure of Customer Information

DSG.EXPERT will not share or sell information regarding its customers and/or prospective customers, except to its employees, agents, partners, and associates as required in the ordinary course of DSG.EXPERT’s business.

Amendments

Customer understands, acknowledges and agrees that DSG.EXPERT may amend or change this Agreement at any time. DSG.EXPERT will provide notice to Customer of any such amendment or change by posting the amendment or change to the Website or by sending an e-mail message to Customer. Customer agrees to be bound by the terms of such amendment or change. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by DSG.EXPERT or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.

Termination

This Agreement shall continue and be in effect until termination by Customer or DSG.EXPERT. Customer may terminate this Agreement if: (i) Customer has no open orders and no liabilities held by or owed to DSG.EXPERT; and (ii) Customer has provided three (3) days’ written notice to DSG.EXPERT by e-mail to support@DSG.EXPERT and (iii) DSG.EXPERT has accepted the notice as provided in Section 10 hereof. DSG.EXPERT may, in its sole discretion, terminate this Agreement at any time, effective as of the close of business on the day notice is sent to Customer. Termination by either party shall not affect any Contracts or other transactions previously entered into and shall not relieve either party of any obligations set out in this Agreement, nor shall it relieve Customer of any obligations arising out of any deficit balance.
Entire Agreement
This Agreement together with the Customer Account Application embodies the entire agreement between DSG.EXPERT and the Customer, superseding any and all prior written and oral agreements.

Recordings

Customer acknowledges and agrees that any and all conversations between Customer and DSG.EXPERT principals, agents, employees or associates, including the DSG.EXPERT customer service and operations desks may, at the option and in the sole discretion of DSG.EXPERT, be recorded electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or preceding that may arise involving Customer or DSG.EXPERT.

Binding Effect

This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with DSG.EXPERT, irrespective of any change or changes at any time in the personnel of DSG.EXPERT or its successors, assigns, or affiliates. This Agreement, including all authorizations, shall inure to the benefit of DSG.EXPERT and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon Customer and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of Customer.

Severability

If any clause of this Agreement is determined void or invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

Risk Warning

This Risk Warning Notice cannot and does not disclose all the risks and other significant aspects of gearbox tuning and software changing. You should not engage in gearbox tuning unless you understand the nature of such tuning, how the gearbox work, how you make a proper modifications.
If you are in any doubt, please, seek professional advice.
Before deciding to participate in DSG.EXPERT and tune your gearbox, you should carefully consider your knowledge, level of experience and technical skills. Most importantly, do not make modifications you cannot understand. There is considerable exposure to risk in any kind of transaction.