Scope
These Terms apply to applications, software modules, data versions, calibrations, diagnostic, logging, dyno, export, licence and remote functions, and related documentation supplied by Qntum21 UG (limited liability).
Different or supplementary service descriptions, licence terms and binding notices in the relevant product offer take precedence over these general Terms. Mandatory consumer rights remain unaffected.
Tokens, VIN applications and SaaS
The QNTUM21 service model consists of legally and technically separate components:
- QNTUM Tokens: digital account-linked entitlement units used solely to activate the QNTUM21 services described in the relevant offer. Tokens are not cryptocurrency, are not freely transferable and cannot be redeemed for cash unless mandatory law provides otherwise.
- VIN-specific application: by redeeming the required Tokens, the user instructs QNTUM21 to create and provide a digital application or entitlement individually for the specified vehicle identification number (VIN). Activation is tied to that VIN and generally cannot be transferred to another vehicle after creation.
- Local vehicle result: where an application writes a data version or calibration to a vehicle control unit, the executed result subsequently remains locally on the vehicle. This does not create an entitlement to permanent availability of additional online services.
- SaaS services: accounts, tenant administration, licence and compatibility checks, downloads, updates, diagnostic backends, logging and dyno evaluation, remote functions, cloud storage and comparable online functions are provided as ongoing digital services where included in the offer.
The relevant product description and order confirmation determine the components, term and usage rights purchased. A Token alone does not grant a right to use a particular product; that right arises only after valid redemption and activation.
Right of withdrawal and immediate performance
Consumers generally have a statutory right of withdrawal for distance contracts. Personalising a digital application for an individual VIN does not, by itself, extinguish that right.
Digital Tokens and VIN-specific applications
For paid contracts concerning digital content not supplied on a tangible medium, the right of withdrawal expires under Section 356(6) of the German Civil Code only when:
- QNTUM21 has begun performance of the contract;
- the consumer expressly agreed that QNTUM21 may begin performance before the withdrawal period expires;
- the consumer expressly acknowledged that this consent results in the loss of the right of withdrawal once performance begins; and
- QNTUM21 supplied confirmation of the contract on a durable medium in accordance with Section 312f of the German Civil Code.
Once the right of withdrawal has validly expired and redemption has taken place, no further right of withdrawal exists for the consumed Tokens or the digital application individually created for the confirmed VIN. Statutory rights concerning defects, subsequent performance, price reduction, damages and termination remain unaffected.
Ongoing SaaS services
If a consumer requests that a paid SaaS service begin during the withdrawal period, the service starts early only following that express request. If the contract is validly withdrawn, the consumer may owe compensation for the proportion of the service properly supplied up to that point where the statutory requirements are met. For ongoing SaaS services, the right of withdrawal does not expire merely upon first access, but only as provided by law.
Technical implementation in checkout
Consent to immediate performance and acknowledgement of the possible loss of the right of withdrawal must be obtained expressly, separately and in a form that can be logged during checkout or Token redemption. Pre-selected boxes or a mere reference to these Terms are insufficient.
Generally for motorsport only
Unless an offer is expressly identified in writing as approved for public-road use, vehicle-related applications, calibrations, data versions and special functions are intended solely for motorsport on closed tracks or private areas not open to the public.
Use within the scope of the German Road Traffic Licensing Regulations or comparable national rules is permitted only where all required approvals, registrations, operating permits and regulatory requirements are satisfied. A motorsport product description does not constitute road approval.
Before commissioning, the user is solely responsible for checking legal use in the country of operation and the effects on the operating permit, registration, insurance coverage, emissions and noise rules, manufacturer warranty and statutory defect rights.
Vehicle and application verification
Before activation, QNTUM21 may perform technical plausibility and compatibility checks using the supplied vehicle, control-unit, software, hardware and licence data. The user must provide complete and accurate information and disclose vehicle modifications.
The check is limited to what can be identified technically. It does not replace an individual vehicle inspection, technical approval, regulatory authorisation, or an inspection by TÜV, DEKRA or an equivalent body. It is not a guarantee that a vehicle is free from previous damage, wear, hidden modifications or unsuitable components.
QNTUM21 may refuse activation, request further evidence or block functions where compatibility, safety, rights or licensing have not been sufficiently clarified.
User duties
- Use only compatible and technically sound vehicles, control units, interfaces, cables, power supplies and end devices.
- Before writing or flashing, verify the vehicle condition, battery voltage, connection, software version and identification.
- Back up original data and relevant configurations and protect exports and logs against loss.
- Fully observe warnings, approval steps, RPM and temperature limits, and safety and operating instructions.
- Do not carry out operations in unsafe driving situations. Logging or dyno runs may be carried out only under controlled, lawful and safe conditions.
- Protect access credentials, licences and remote approvals from unauthorised access and prohibited disclosure.
- Do not manipulate protection, licensing, verification or safety mechanisms.
Technical risks and performance information
Changes to ECUs, TCUs, vehicle communications and calibrations may cause malfunctions, failure to start, data loss, increased wear, or damage to the engine, transmission, exhaust aftertreatment or other components, particularly where unsuitable hardware, a voltage drop, connection interruption, pre-existing damage, third-party software, incorrect input or operation outside permitted limits is involved.
Power, torque, consumption, emissions, dyno and logging results depend on factors including vehicle condition, measurement method, ambient conditions, fuel, tyres, test bench, sensors and filtering. Unless expressly agreed as a guaranteed characteristic, target, example and comparison values do not guarantee a particular result.
Diagnostic outputs, fault-code descriptions, freeze frames and notices assist technical assessment but do not replace professional diagnosis and repair.
Limitation of liability
QNTUM21 has unlimited liability for intent and gross negligence; for injury to life, body or health; under the German Product Liability Act; where a defect has been fraudulently concealed; and to the extent of an expressly assumed guarantee.
For a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical of the contract at the time it was concluded. Material contractual obligations are those whose performance is essential for proper execution of the contract and on whose compliance the other party may regularly rely.
Otherwise, liability for slight negligence is excluded to the extent permitted by law. This also applies in favour of QNTUM21's legal representatives, employees and vicarious agents.
To the extent permitted by law, QNTUM21 is in particular not liable for damage caused by unapproved road use, disregard of warnings, incorrect or incomplete vehicle information, unsuitable hardware, inadequate power supply, third-party software, unauthorised changes, exceeding technical limits, missing backups, or use outside the agreed purpose.
Contributory negligence and statutory duties to mitigate damage are taken into account. Mandatory statutory claims remain unaffected.
Remote support and developer functions
Remote access takes place only after express approval by the authorised user and within the agreed scope. The user must ensure that they are authorised to grant access to the relevant vehicle, account, device and data and must end the session when it is no longer required.
Developer, special or test functions may be used only by authorised, qualified persons and in the environment approved by QNTUM21. QNTUM21 may log, limit or block access for security, licensing or misuse-prevention reasons.
Usage rights, updates and availability
The user receives a non-exclusive, non-transferable right of use limited by the contractual term, licence scope, tenant, user, device or vehicle. Transfer, reproduction, decompilation, circumvention of technical protection or use to develop competing products is permitted only where mandatory law allows it or QNTUM21 has given prior written consent.
Updates may include security, compatibility and functional changes. For good cause, particularly security risks, legal violations, licence misuse or danger to systems, QNTUM21 may temporarily restrict access. Statutory claims and expressly promised availability remain unaffected.
Termination of SaaS and supply services
QNTUM21, or a T21 Group company expressly identified in the order confirmation as the contracting or service provider, may ordinarily terminate indefinite SaaS, platform and supply services in text form with four weeks' notice to the end of the current billing period. The customer has the same ordinary termination right. Where a minimum or fixed term is expressly agreed, ordinary termination is permitted only at the agreed end of term or as stated in the product description.
Either party's right to terminate for good cause remains unaffected. Good cause for QNTUM21 may include material payment default, licence misuse, manipulation of security mechanisms, unlawful use, inaccurate vehicle data, or a concrete threat to vehicles, persons, systems or infrastructure. Where reasonable, an appropriate period to remedy the breach will be set before termination for cause.
Consequences of termination
When the contract ends, access to account, download, update, cloud, diagnostic, logging, dyno, remote, support and other SaaS functions ends unless continued availability was expressly promised.
A local result already properly written to the vehicle is not technically removed from the vehicle solely because the contract ends. After termination, there is no entitlement to later restoration, renewed download, updates, support or renewed activation unless expressly agreed or required by law.
A permanent right already granted for fully supplied VIN-specific digital content remains in force within the agreed scope. Time-limited rights or rights expressly tied to an active subscription end when the agreed term ends.
The customer must secure any required lawful exports and logs before the contract ends. Statutory rights to provision or return of data remain unaffected.
Unredeemed Tokens and advance payments
If QNTUM21 ordinarily terminates a service without the customer having provided good cause, lawfully purchased, unredeemed Tokens remain available for redemption until termination takes effect or, where redemption is no longer possible, are reimbursed in value as required by law. Advance payments for periods after termination takes effect are refunded. No forfeiture without compensation is agreed.
After the contract ends, there is no entitlement to continuation, resumption or unchanged future availability of SaaS or supply services. Existing payment, warranty, reimbursement, damages and other mandatory statutory claims remain unaffected.
Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Statutory information obligations arising after a specific dispute, particularly under Section 37 VSBG, remain unaffected.
Governing law and jurisdiction
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not remove mandatory protection provided by the law of the country of their habitual residence.
Where the contracting party is a merchant, a legal entity under public law or a special fund under public law, Paderborn is the place of jurisdiction to the extent permitted. Statutory places of jurisdiction for consumers remain unaffected.
If individual provisions are invalid, the remaining provisions remain unaffected. The invalid provision is replaced by the applicable statutory rule.