General Terms and Conditions for Business Customers
These terms apply exclusively to entrepreneurs within the meaning of § 14 German Civil Code (BGB), to legal entities under public law and to special funds under public law. We do not offer our services to consumers.
1. Definitions
Provider / we / us: PowerHub, owner Eduard Ruder, Kaspersweg 15b, 26131 Oldenburg, Germany.
Customer / you: an entrepreneur within the meaning of § 14 BGB entering into a contract with us.
Portal: the online platform operated by us at powerhub.group.
Credits: prepaid units of account purchased in advance and used as payment for our services.
Original File: the data read out by you from a vehicle control unit and uploaded to the Portal.
Modified File: the data file supplied by us in response to an order.
Custom Service: a service in which the Modified File is individually created or adapted by our staff.
Database Service: a service in which the Modified File is supplied automatically from our database without individual processing.
End Customer: your customer, i.e. the owner or keeper of the vehicle concerned.
2. Provider identity
PowerHub
Eduard Ruder
Kaspersweg 15b
26131 Oldenburg
Germany
Telephone: +49 157 84613054, available Monday to Friday 9.00-18.00h
Email: info@powerhub.group
VAT identification number: DE348853710
3. Scope and prices
3.1 Our services are offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. We do not conclude contracts with consumers.
3.2 This includes small businesses and sole traders, irrespective of whether they are registered in the commercial register, whether they hold a VAT identification number, or whether they make use of the small business scheme under § 19 of the German VAT Act (Kleinunternehmerregelung).
3.3 On registration you confirm that you are acting in the course of your trade, business or profession and that you are purchasing our services for that purpose. This confirmation forms part of the contract. We record the confirmation together with the date, time and the wording presented to you at that moment.
3.4 Should it emerge that you are not an entrepreneur, we may block the account and terminate the contractual relationship. Section 8 applies to any unused Credits.
3.5 For customers based in Germany, prices are displayed as total prices including statutory value added tax. The amount of VAT included is shown separately with the price, for example "EUR 357.00 (incl. EUR 57.00 VAT at 19%)".
3.6 For customers based in other EU member states who have provided a valid VAT identification number that we have successfully verified, services are invoiced net under the reverse charge procedure. The recipient is liable for the tax. You are responsible for the accuracy of the identification number provided.
3.7 For customers based outside the EU, services are invoiced net. Any taxes or duties arising in the country of destination are borne by you.
3.8 Regardless of how prices are displayed, every invoice shows the net amount, the tax rate and the tax amount separately in accordance with § 14 of the German VAT Act.
3.9 Your own general terms and conditions do not apply, even if we do not expressly object to them and even if we render performance without reservation in the knowledge of them. Deviating terms apply only if we have agreed to them in writing.
3.10 The contract language is English. The contract text is stored by us and is accessible to you in your customer account.
3.11 Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the applicable statutory rules.
4. Services, conclusion of contract
4.1 We supply modified data files for vehicle control units. We do not carry out any work on vehicles, do not install any files and do not supply any hardware.
4.2 The presentation of services in the Portal does not constitute a binding offer. By submitting an order you make a binding offer. The contract is concluded when we confirm the order or begin performance.
4.3 The order button is labelled in a way that makes the payment obligation clear.
4.4 Two separate contracts are concluded: the purchase of Credits, and each individual order placed using Credits.
4.5 We are entitled to refuse orders, in particular where the Original File is incomplete or corrupt, the vehicle data is implausible, or the requested modification is technically not justifiable.
5. Your obligations
These obligations are essential to the proper performance of the contract. Section 10 applies where damage results from a breach of them.
5.1 Vehicle condition. You warrant that the vehicle is in proper technical condition, that servicing is up to date and that there are no pre-existing defects, in particular no defects of the engine, turbocharger, injection system, clutch, gearbox, cooling system or exhaust system. You will carry out a technical inspection before ordering and will document the result.
5.2 Accuracy of data. You are responsible for the accuracy and completeness of all information provided, in particular vehicle model, engine code, control unit type, software version, existing modifications and the requested performance level.
5.3 Reading and writing. Reading out the Original File, writing the Modified File and any subsequent adjustment are carried out by you at your own risk, using your own tools and under your own responsibility. You will create a backup of the Original File before flashing and retain it.
5.4 Supporting hardware. Where we specify supporting measures for a given performance level — in particular in relation to clutch, gearbox, fuel system, intercooler, cooling, exhaust system or fuel grade — you must implement them before the Modified File is used. Where you do not, the Modified File may not be used.
5.5 Fuel quality. You must ensure that the fuel grade specified by us is used permanently.
5.6 Checks after installation. After installation you will carry out a test run and evaluate the relevant measured values. You will notify us of any abnormalities before the vehicle is returned to the End Customer or otherwise put into operation.
5.7 Third-party data. Where the Original File or your order contains personal data of an End Customer — in particular vehicle identification numbers, registration numbers or mileage — you warrant that you are entitled to transfer that data to us. In relation to that data we act as processor on your behalf; the data processing agreement provided by us applies.
5.8 Legal admissibility. You are responsible for compliance with the road traffic, emissions and type approval rules applicable at the place of use, and for obtaining any required inspection or registration. See section 11.
6. Performance, delivery periods
6.1 Modified Files are supplied electronically through the Portal.
6.2 Stated processing times are non-binding estimates unless a delivery date has been expressly agreed as binding in writing.
6.3 We are entitled to render partial performance where this is reasonable for you.
6.4 Where performance is prevented by circumstances outside our control, in particular failures of communication networks, hosting providers or payment providers, the delivery period is extended accordingly. Statutory rights arising from default remain unaffected.
7. Rights of use
7.1 On full payment you receive a simple, non-exclusive right to use the Modified File, limited to the single vehicle identified in the order.
7.2 You may not pass the Modified File to third parties, resell it, publish it, reverse-engineer it or use it as the basis for further files for other vehicles. Use in more than one vehicle requires a separate order.
7.3 We remain entitled to use technical data from completed orders in anonymised form for quality assurance and for the further development of our database. Anonymisation takes place before the data enters the database; no conclusions can be drawn about you, your End Customer or an individual vehicle.
7.4 In the event of a breach of section 7.2 we may block your account and claim damages.
8. Credits and payment
8.1 Services are paid for using Credits. Credits are purchased in advance through the Portal.
8.2 Payments are processed by the following payment service providers:
- Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin 2, Ireland
- PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg
We do not receive or store complete card details at any time. The terms and privacy notices of the respective provider apply in addition to these terms. Further information on the processing of payment data can be found in our privacy policy.
8.3 Where a payment is reversed after Credits have been credited — in particular by chargeback or reversal of a direct debit — we may block the account and set off the Credits concerned. Any costs charged to us by the payment service provider as a result of a reversal for which you are responsible will be passed on to you.
8.4 Credits do not expire while the account exists. The statutory limitation periods apply.
8.5 During the ongoing business relationship there is no entitlement to a cash payout of unused Credits. If the account is closed, unused Credits purchased for consideration will be refunded on request — refunds are not issued automatically — within the statutory limitation period, less payment processing fees actually incurred. Credits granted free of charge or as part of a promotion are excluded from refund.
8.6 Credits may be used only for our services. They cannot be transferred to third parties.
8.7 The tax treatment of a service is determined at the time the Credits are redeemed, not at the time they are purchased.
8.8 Where prices change, Credits already purchased retain their nominal value. The number of Credits required for a given service may change.
9. Warranty
9.1 We warrant that the Modified File corresponds to the agreed specification at the time of delivery.
9.2 § 377 of the German Commercial Code (HGB) applies. You must examine the Modified File without delay and give notice of any defect without delay.
9.3 In the event of a defect we will at our discretion remedy the defect or supply a replacement. If this fails twice, you may reduce the price or withdraw from the contract in respect of the order concerned.
9.4 The warranty does not cover defects resulting from:
- inaccurate or incomplete information provided by you;
- a corrupt, incomplete or manipulated Original File;
- modification of the Modified File by you or by third parties;
- incorrect flashing, interrupted flashing operations or unsuitable tools;
- failure to implement supporting measures specified by us;
- use of a fuel grade other than the one specified;
- pre-existing defects or wear of the vehicle;
- operation outside the intended purpose, in particular motorsport use, unless expressly agreed.
9.5 The limitation period for warranty claims is one year from delivery. This does not apply to claims under section 10.1.
10. Liability
10.1 We are liable without limitation:
- for intent and gross negligence;
- for injury to life, body or health;
- under the German Product Liability Act;
- where we have fraudulently concealed a defect or assumed a guarantee.
10.2 In the case of slight negligence we are liable only for breach of an essential contractual obligation, that is an obligation the fulfilment of which is necessary for the proper performance of the contract and on the observance of which the customer may regularly rely. In that case liability is limited to the foreseeable damage typical of this type of contract.
10.3 In cases of slight negligence, liability under section 10.2 is limited per event of damage to the higher of (a) EUR 15,000.00 or (b) five times the value of the order concerned, and to EUR 30,000.00 in aggregate per calendar year.
10.4 Any further liability is excluded. In particular we are not liable for loss of profit, loss of production, loss of use, or costs of towing, hire vehicles or workshop downtime.
10.5 Allocation of risk. Our services consist exclusively in the supply of data. We have no influence on the technical condition of the vehicle, on the way the Modified File is written, on the hardware fitted, on the fuel used or on the way the vehicle is operated. Where damage occurs as a result of a defect, wear or failure of a vehicle component, or as a result of a breach of your obligations under section 5, this does not fall within our sphere of responsibility.
10.6 Protective functions. The protective functions of the control unit remain active in the Modified Files supplied by us. However, protective functions can only respond to values that are measured correctly and cannot compensate for mechanical defects, sensor failures or components that are already worn.
10.7 The above limitations also apply in favour of our employees, agents and subcontractors.
10.8 A change in the burden of proof to your detriment is not associated with the above provisions.
11. Road traffic law and type approval
11.1 Modifications to engine control software regularly require inspection and entry in the vehicle documents. Without the required approval, the operating licence may lapse, with consequences for insurance cover and vehicle taxation.
11.2 Depending on the version, the Modified Files supplied by us may not be suitable for use on public roads. Where a file is intended exclusively for closed-course or motorsport use, we will state this in the order.
11.3 You are responsible for compliance with the rules applicable at the place of use and for obtaining any required inspection. We do not provide any legal assessment and do not owe any approval.
11.4 You will inform your End Customer of sections 11.1 to 11.3 before installation.
12. Blocking and termination
12.1 We may block access to the Portal temporarily where there is a substantiated suspicion of misuse, in particular of a breach of section 7.2, or where payment is in arrears.
12.2 Either party may terminate the user relationship at any time. Credits already purchased are treated in accordance with section 8.5.
12.3 The right to terminate for good cause remains unaffected.
13. Complaints
13.1 Complaints should be submitted through the support system in the Portal or by email to info@powerhub.group.
13.2 We will acknowledge receipt without delay and respond substantively within 14 days. If a longer period is required, we will inform you of this within that period and indicate when a substantive response can be expected.
13.3 A complaint does not suspend the obligations of either party unless we confirm otherwise in writing.
14. Changes to these terms
14.1 We may amend these terms with effect for the future where this is necessary for legal or technical reasons or in order to reflect changes to our services.
14.2 We will notify you of any amendment in text form at least six weeks before it takes effect. The amendment is deemed accepted if you do not object in text form before it takes effect. We will draw your attention to this consequence in the notification.
14.3 If you object, we may terminate the user relationship at the date on which the amendment takes effect. Section 8.5 applies.
15. Data protection
Information on the processing of personal data can be found in our Privacy Policy. Where you transfer personal data of your End Customers to us, the data processing agreement referred to in section 5.7 applies.
16. Final provisions
16.1 German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2 The place of jurisdiction for all disputes arising from this contractual relationship is Oldenburg, Germany, provided that you are a merchant, a legal entity under public law or a special fund under public law. We are also entitled to bring proceedings at your general place of jurisdiction.
16.3 The place of performance is Oldenburg, Germany.
Version: August 2026