YOUR AGREEMENT.

DRAFT FOR LOCAL TESTING — NOT A PUBLISHED SALES AGREEMENT
Final supplier identity and details, the Legal Notice, order-acceptance and refund procedures, fulfilment times, Privacy Notice and legal review remain outstanding. Separate Aftershift Studio Terms are not yet published. No real purchase is offered under this draft.

AFTERSHIFT452
Modification Service
and Software Licence Agreement
Version: draft-2026-10-23-v6    |    Effective date: NOT EFFECTIVE — TEST DRAFT
This Agreement is between [supplier legal name pending confirmation], trading as Aftershift ("Aftershift", "we", "us"), and the person or business purchasing or using the Products ("you"). Our registered address, registration and tax identification details, and contact details are provided in the Legal Notice made available before checkout. The required supplier and contact information is also supplied in your order confirmation.
Your order confirmation identifies the purchased modification or integration service, agreed configuration, licensed vehicle, applicable charges and delivery arrangements ("Order").
1. The purchased service and software licence
The end-user purchase is a vehicle-specific modification service. The deliverable is a VIN-specific ECU firmware image prepared from compatible reference firmware through a virtual-read process, incorporating the Aftershift modifications and configuration agreed in the Order, supplied for installation exclusively through the Aftershift Flash Tool. The purchase does not include access to a standalone firmware file or browser image download.
Preparation and software checks are part of our internal service work. Unless expressly included in the Order, no separate validation report, calibration report, source code or other technical work product is supplied. This does not exclude information or instructions that we are required by law to provide.
Aftershift Software means the original code, control-logic modifications, calibrations and documentation developed and supplied by Aftershift as part of that service.
Vehicle Image means the firmware image prepared for installation in a supported vehicle ECU, incorporating Aftershift Software and the agreed vehicle configuration.
Licensed Vehicle means the supported vehicle identified by the vehicle identification number ("VIN") recorded in the Order.
Products means the purchased services, supplied Vehicle Image and Aftershift Software licence, to the extent included in the Order. Aftershift Studio customization services are not included in that definition.
The purchase includes a permanent, non-exclusive, vehicle-specific right to use the supplied Aftershift Software, subject to clause 3. It does not transfer ownership of Aftershift's intellectual property or of third-party firmware.
Use of the Aftershift Flash Tool is the delivery mechanism for the purchased modification. Compatible flashing hardware and the computer, connection and vehicle conditions specified before purchase are required. Physical installation work, mechanical work, ECU recovery services and bespoke tuning are not included unless expressly identified in the Order. Software preparation or approval alone is not installation.
Professional purchases may use the separately agreed self-service preparation arrangements described in clause 9; an end-user purchase does not become self-service merely because company billing details are supplied.
2. Vehicle authority, virtual read and preparation
You confirm that you own the Licensed Vehicle or act with its owner's express authority, and that you have the necessary rights or permissions to use its installed ECU firmware and instruct the virtual-read and modification service. This confirmation does not assert ownership of the manufacturer's copyright or confer rights you do not possess.
You must provide accurate vehicle identification, ECU identification and configuration information, including any known engine, transmission, hardware or software modifications relevant to compatibility. We may request reasonable evidence of ownership, authority or configuration before supplying or reissuing a Vehicle Image.
A virtual read identifies and supplies compatible reference firmware using the vehicle and ECU information provided. It does not extract the particular software currently installed in your ECU. Aftershift applies the agreed modifications to that reference firmware to prepare the Vehicle Image.
This process avoids requiring the customer to remove or open the ECU or arrange a specialist read as part of the standard delivery procedure.
By ordering, you instruct Aftershift to identify compatible reference firmware, apply the purchased Aftershift modifications and prepare a VIN-specific Vehicle Image for your Licensed Vehicle.
A virtual read supplies compatible reference firmware. It is not an extraction or backup of the particular contents currently installed in your ECU, including any previous third-party remap.
For an end-user order, Aftershift manually prepares and reviews the generated output before approving delivery. That delivery identifies an approved software release assigned to the VIN and the configuration supplied.
Validation concerns internal checks of the generated software and configuration. It is not a physical vehicle inspection, dyno test or certification that arbitrary customer-selected calibration values are mechanically safe.
A later software release is not assigned silently: Aftershift may revalidate it for the VIN and offer an upgrade for customer acceptance. Optional upgrades and new features are distinct from corrections and updates required by the Order or applicable law.
The Order must specify the expected service delivery arrangements. The purchased image and any legally required information must be obtainable without accepting optional Studio customization terms.

2.1 Optional manual map integration and review
Where purchased, the manual integration service covers one submitted firmware file and one selected engine-calibration bank. Aftershift assesses compatibility before charging, then integrates and reviews the accepted calibration in a copy of the submitted setup. Other banks remain unchanged.
The customer must have authority to upload the source and use its calibration for the Licensed Vehicle. Uploading a file does not transfer ownership of the customer's or a third party's intellectual property.
This service does not include an on-car test, a dyno test or a guarantee of the supplied tune's power, emissions compliance or mechanical suitability. Any additional tuning work must be separately agreed.
Supported self-service import is a separate Studio functionality, currently available without the manual integration-service fee and governed by separate Studio Terms. Purchasing manual integration pays for Aftershift's integration and review work, not merely access to an import tool.

3. Vehicle-specific licence
For an accepted Order, once the applicable charges have been paid, Aftershift grants you a non-exclusive licence to install and use the purchased Aftershift Software on the Licensed Vehicle.
The vehicle software licence is permanent, subject to this Agreement. It does not depend on continued access to Studio or payment of a Studio subscription. Any separately purchased service has the scope and duration expressly stated in its order.
You may use a competent installer for authorised work on the Licensed Vehicle through the Aftershift Flash Tool. This does not entitle you or the installer to a standalone firmware export or another customer's account. Mandatory rights that cannot be excluded remain unaffected.
Each additional vehicle requires its own licence. Changing or copying a VIN, transferring ECU hardware or modifying a Vehicle Image does not authorise use on another vehicle.
The vehicle software licence may accompany a genuine sale of the Licensed Vehicle, subject to verification and the new owner accepting this Agreement. Any separate Studio account or professional-service arrangement does not transfer automatically. Replacement ECUs require compatibility and licence verification before reissue.
4. Intellectual property and restrictions
Aftershift retains its intellectual-property rights in the supplied Aftershift Software, original code, original calibration content, documentation and other protected materials it develops. This does not assert ownership of third-party firmware or customer-provided calibration content.
Customising a Vehicle Image does not transfer ownership of the underlying Aftershift technology or create a right to distribute it outside the permitted vehicle-specific use.
Except as expressly permitted by this Agreement or by applicable law that cannot be contractually restricted, you must not:
Publish, upload, sell, share or otherwise distribute Aftershift Software or Vehicle Images beyond the authorised uses described in this Agreement.
Remove, alter or bypass VIN restrictions, licence checks, forensic identifiers or other licensing protections.
Extract, reproduce or incorporate protected Aftershift code or materials into another product.
Access another customer's files without authority or use the supplied Aftershift Software for unlicensed vehicles.
Reverse engineering of Aftershift custom code. Except to the extent expressly permitted by applicable law notwithstanding this restriction, you must not, without Aftershift’s prior written authorisation, reverse engineer, decompile, disassemble, decode, translate into source code or otherwise attempt to derive or reconstruct the source code or protected implementation of Aftershift’s custom code, whether embedded in a Vehicle Image or supplied in another form under this Agreement.
This includes extracting or isolating Aftershift executable routines for those purposes, using tracing, debugging, emulation or binary comparison to reconstruct those routines, and using or disclosing material obtained through prohibited activity to reproduce, port, adapt or incorporate Aftershift’s protected implementation into another product. You must not authorise, commission or knowingly assist another person to undertake an activity prohibited by this clause.
This restriction does not prevent calibration editing expressly authorised by Aftershift, including through Studio under its separate terms, or installation, backup and diagnostic activities permitted by this Agreement and the applicable documentation.
Authorised calibration editing does not authorise modification of licensing controls or unrelated Aftershift executable code.
Nothing in these restrictions prevents you from discussing your experience of the Products, publishing independent reviews or exercising rights that applicable law does not allow us to restrict.
5. VIN protection and forensic identification
Vehicle Images are VIN-licensed and incorporate licence-specific forensic identifiers intended to help identify the originating licence or distribution instance if a copy is redistributed.
Aftershift may examine copies lawfully obtained and compare embedded identifiers with its licence and delivery records to investigate unauthorised distribution, enforce this Agreement and establish or defend legal claims.
You must take reasonable precautions to protect your account credentials, Vehicle Images and backups, and promptly notify us of suspected unauthorised access or distribution.
Information associated with VINs, licence identifiers, accounts and distribution records is processed as described in the Aftershift Privacy Notice.
6. Installation and existing software
You are responsible for arranging installation by a person with suitable competence, equipment and recovery capability.
Before programming, the installer must verify the vehicle and ECU identification, confirm compatibility, use the correct Vehicle Image and follow the applicable installation instructions, including power-supply and communication requirements.
ECU programming can fail. An interrupted or unsuccessful operation may leave the vehicle inoperative and require specialist recovery, ECU removal, boot-mode access or replacement hardware.
Installation performed by an independently contracted workshop is a separate service. Listing or referring you to such a workshop does not authorise that workshop to make additional promises or commitments on Aftershift’s behalf.
Installing a Vehicle Image replaces the relevant existing ECU software and calibrations. You must arrange preservation of any existing remap before installation if you wish to retain it. Aftershift does not undertake to reproduce or recover an unavailable third-party tune.
Aftershift is not responsible for installation failures or associated costs to the extent caused by incompatible equipment, interrupted power or communications, incorrect files selected by the installer, departure from the installation instructions or other independent installation errors.
7. Mechanical condition and operating requirements
You are responsible for the Licensed Vehicle’s mechanical condition, maintenance and suitability for the selected configuration.
Software tuning may increase torque, boost, engine speed, thermal loading or drivetrain loading. Increased performance or changed shifting behaviour may accelerate wear, reduce component service life or expose previously undetected weaknesses in the engine, turbocharger, transmission, clutch, cooling system or other components.
No physical inspection, mechanical serviceability assessment or vehicle-component warranty is included in the software purchase.
Before installation and use, you must ensure that the vehicle satisfies the hardware, fuel and maintenance requirements stated for the selected configuration. You must not continue operating the vehicle under load when abnormal behaviour, overheating, misfire, detonation, warning indications or other signs of malfunction occur.
Aftershift does not cover ordinary wear or damage to the extent caused by pre-existing defects, unsuitable hardware or fuel, inadequate maintenance, operation outside the documented requirements or continued use after a fault becomes apparent.
8. Optional Studio access and subsequent customization
Aftershift Studio is an optional online tool for further configuration and calibration of supported Vehicle Images. It is currently offered to eligible purchasers without an additional charge, separately from the paid modification service and vehicle software licence.
This purchase does not promise indefinite free access to Studio, unlimited future image-generation services or every future feature. Studio access, acceptable use, customer content, changes to availability or pricing, and any discontinuation arrangements are governed by separate Studio Terms presented for acceptance when activating customization functionality.
Acceptance of this purchase agreement is not acceptance of the separate Studio Terms. Receiving the purchased image and any legally required information, exercising applicable product remedies and using an already downloaded image under its vehicle licence do not require acceptance of optional Studio customization terms. Closure or loss of Studio access does not, by itself, terminate that vehicle licence.
The presence of the purchase and download portal on the same website as Studio does not make optional editing functionality a condition of delivery.
Studio does not replace the knowledge, measurements, equipment or vehicle testing required for competent calibration work.
You are responsible for the parameters you or your appointed tuner select, the suitability of those parameters for the particular vehicle and the validation of the resulting calibration before use.
A value being editable, an image being generated successfully or an integrity check passing does not constitute confirmation that the selected calibration is mechanically safe, suitable for the vehicle or legally compliant.
A Vehicle Image modified by a customer or independent tuner is a Custom Calibration. It must not be represented as an unmodified or independently validated Aftershift release unless Aftershift has expressly approved that specific version in writing.
Aftershift does not warrant the performance or suitability of customer-selected calibration values. Responsibility for problems caused by those values rests with the person responsible for selecting and deploying them.
These provisions do not exclude responsibility for defects in Aftershift's supplied software or tools, or restrict rights that cannot lawfully be excluded. Separate Studio Terms govern the operation of the customization service.
9. Professional tuners and workshops
Where Aftershift has approved your professional account under a separate business arrangement, you may prepare images through the validated self-service workflow and charge customers for your own calibration, installation and related services, provided each vehicle has the necessary Aftershift licence. Studio access and professional tooling are governed separately; company billing alone does not confer these rights.
You must obtain the vehicle owner’s authority, verify the vehicle configuration, explain the nature of your modifications and obtain the owner’s acceptance of the applicable vehicle licence terms before installation.
You must maintain records sufficient to identify the relevant vehicle, Aftershift base version, Custom Calibration and installation performed.
You act as an independent business. You must not represent yourself as Aftershift’s agent, bind Aftershift to additional warranties or describe your Custom Calibrations as Aftershift-approved without written authorisation.
For business customers only: you will indemnify Aftershift against third-party claims and reasonable defence costs to the extent caused by your negligent calibration or installation work, unauthorised distribution, unlawful use or representations made without Aftershift’s authority. Aftershift will notify you of such claims and allow reasonable participation in their defence. No settlement imposing an admission or obligation on you will be agreed without your consent, which must not be unreasonably withheld.
10. Roadworthiness, regulatory approval and insurance
No roadworthiness or road-use certification. Aftershift does not inspect the vehicle or certify that the supplied modification makes it roadworthy, homologated, emissions-compliant or lawful for public-road use. References to an image being "validated" or "approved" concern Aftershift's internal software checks only.
Before using the modified vehicle, you are responsible for arranging an assessment of its mechanical suitability and compliance with applicable requirements, obtaining any required inspections or approvals, and notifying your insurer where required. Your own assessment does not replace any legally required independent inspection, approval or certification.
Vehicle homologation, modification approval, inspection, registration changes, insurer notification and assessment of road-use legality are not services included in this Agreement.
You must not use the modified vehicle on public roads unless the applicable requirements have been satisfied. You are responsible for determining the requirements applicable to the vehicle, the selected configuration and the countries in which it will be operated. Where lawful use is restricted to a particular setting, you must observe that restriction.
You must not use the Products to unlawfully disable or defeat required emissions controls or safety systems.
This clause distinguishes software preparation from vehicle certification. It does not exclude responsibility for defects in Aftershift's own work or any liability that cannot lawfully be excluded.
11. Product conformity, support and remedies
Aftershift will supply the Products described in your Order and any information, instructions or updates required by the Order or applicable law. Optional reports or assistance supplied without charge do not create an entitlement to additional work beyond the agreed service.
Support covers the supplied Aftershift Products within their documented compatibility and operating requirements. Bespoke calibration work, mechanical diagnosis, independent installation work and recovery services are outside the included scope unless expressly purchased.
Aftershift does not guarantee a particular power, torque, acceleration, fuel-consumption or component-life result for every vehicle. Published measurements describe the stated test vehicle and conditions unless expressly identified as a contractual guarantee.
When reporting a problem, provide reasonably available information relevant to diagnosis, including the VIN, ECU identification, installed image version, changes made, installation details and available logs. We may request reasonable diagnostic cooperation, but will not require a procedure that we know would create an unreasonable safety risk.
For business customers, our remedy for an established software nonconformity is, at our election, to correct the affected software, provide a conforming replacement or refund the amount paid for the affected Product against termination of the corresponding licence.
For consumers, remedies, time limits and required updates are governed by applicable consumer law. This Agreement provides no separate commercial warranty covering the vehicle or its mechanical components.
12. Limitation of liability
12.1 Business losses. For business customers, and subject to clause 12.4, Aftershift will not be liable for lost profits, lost revenue, loss of business opportunities, business interruption or indirect or consequential losses arising from the Products.
12.2 Financial cap. For business customers, and subject to clause 12.4, Aftershift’s aggregate liability arising from the affected Product will not exceed the amount paid for that Product.
12.3 Consumer purchases. For consumers, the financial cap applies only to claims for which applicable consumer law permits such a limitation. It does not restrict statutory conformity remedies or compensation that cannot lawfully be limited.
12.4 Non-excludable liability. Nothing in this Agreement excludes or limits liability that applicable law prohibits excluding or limiting, including applicable mandatory liability for defective products, death or personal injury, fraud or deliberate misconduct.
12.5 Responsibility by cause. The exclusions concerning installation, mechanical condition and Custom Calibrations apply to loss attributable to those causes. They do not alter mandatory rules governing liability or the burden of proof.
13. Order acceptance, completion, cancellation and refunds
13.1 Order acceptance. Your order submission is a request for the service. We accept it by communicating express acceptance. An automated acknowledgement of receipt or payment is not, by itself, order acceptance. The acceptance-review timeframe and expected fulfilment timeframe must be stated before you submit the order.
Before acceptance, we may decline an order without providing a reason, except where disclosure is required by law. We will notify you within the stated review timeframe and refund in full any amount collected for a declined order. This discretion does not authorise unlawful discrimination or override mandatory rights.
13.2 Incompatibility and cancellation after acceptance. If compatibility checks establish that we cannot supply a compatible image for your vehicle, we will cancel the affected Order and refund it in full.
After acceptance and before delivery, cancellation by Aftershift is limited to inability to provide the agreed compatible image, materially incorrect or incomplete vehicle or ECU information that prevents proper fulfilment, inability to verify necessary ownership or firmware authority after a reasonable request and opportunity to provide evidence, or a legal restriction preventing supply. We will notify you of the applicable reason and refund in full any amount paid for the cancelled Order.
Refunds under these provisions will be made promptly, within any applicable statutory deadline, through the original payment method unless otherwise agreed without cost to you. A refund does not extinguish any further remedy that cannot lawfully be excluded. These provisions do not create a discretionary right to revoke a delivered vehicle licence by refunding its price.
13.3 Completion and delivery. The agreed preparation service is completed when the agreed preparation and internal checks have been performed and the resulting Vehicle Image has been made available for authorised installation through the Aftershift Flash Tool, with notification sent to your order contact address. Internal approval alone is not delivery; an image unavailable for authorised installation through the Flash Tool is not delivered. Completion does not depend on you installing the image or performing a road test. Nonconformity and any outstanding obligations required by law remain subject to clause 11.
13.4 Withdrawal and refunds after delivery.
The applicable price, taxes, service scope and delivery arrangements are stated before purchase and confirmed in your Order. The service and the supplied digital content remain subject to their applicable legal rules; describing the purchase as a modification service does not remove rights relating to the supplied digital content.
For digital content supplied without a physical medium, immediate delivery during an applicable withdrawal period requires your prior express consent and acknowledgment that the withdrawal right for that digital content is lost when supply begins. Aftershift will provide confirmation of that consent and acknowledgment.
For manual preparation or integration services, starting work during an applicable withdrawal period requires an express request. Starting work does not itself remove the service withdrawal right. Where the legal requirements are met, withdrawal after work starts may require payment proportionate to the service provided. The service withdrawal right is lost upon full performance only with the required prior consent and acknowledgment.
The optional “Start my order now” choice expressly requests both early preparation and early digital supply, with the respective withdrawal consequences described above. Without that choice, Aftershift holds both activities until the applicable withdrawal period expires. The usual consumer period is fourteen days from conclusion of the relevant contract; statutory exceptions and extensions remain applicable.
To exercise an available withdrawal right, send an unequivocal statement identifying the order to the contact email or postal address supplied in your order confirmation and the Legal Notice. You may use this model, but it is not obligatory:
To: The Aftershift supplier identified in the order confirmation, using the contact email or postal address supplied there.
I/we hereby give notice that I/we withdraw from my/our contract for the following service/digital content: [description and order number].
Ordered on: [date]. Name: [name]. Address: [address]. Date: [date]. Signature: [only if sent on paper].
Optional Studio access is governed separately. Consents given for this purchase do not constitute acceptance of Studio Terms or waiver of rights concerning a separate service.
Once the service has been completed and the Vehicle Image delivered, we offer no discretionary cancellation or change-of-mind refund. This does not remove a statutory withdrawal right that has not expired or been validly lost, or any other right or remedy that cannot lawfully be excluded.
This clause does not affect remedies for defective or nonconforming Products.
14. Suspension and termination
Aftershift may proportionately restrict access to the purchase portal or Flash Tool or further supply where reasonably necessary to investigate suspected licence abuse, unauthorised distribution or a material security incident, subject to applicable law. This does not authorise arbitrary withholding of purchased deliverables or statutory remedies. Restrictions on optional Studio customization are governed separately.
Aftershift may terminate the affected licence or service for a material breach of this Agreement. Where the breach can reasonably be corrected, we will normally provide written notice and fourteen days to correct it. Immediate action may be taken where necessary to address intentional unauthorised distribution, deliberate circumvention or an urgent security risk.
Following valid termination, you must stop unauthorised use and distribution and arrange any required removal from a vehicle safely.
Termination does not authorise remote interference with the safe operation of a vehicle. Rights and obligations concerning intellectual property, confidentiality, outstanding payments and accrued claims survive termination where relevant.
15. General terms
This Agreement and your Order govern the purchased Products. Any individually agreed written terms prevail over conflicting standard terms.
Changes to these terms will not retrospectively alter a completed purchase without a valid contractual or legal basis. Any changes to an ongoing service will follow the applicable contractual notice and consumer-law requirements. Separate Studio Terms do not retrospectively alter the rights purchased under this Agreement.
If a provision is unenforceable, it will not apply to the extent of that unenforceability. The remainder continues where legally possible.
Spanish law governs this Agreement. For consumers, this choice does not remove mandatory protections that would otherwise apply.
For business disputes, the parties submit to the courts competent for the supplier's registered office identified in the Order in Spain, to the extent that this jurisdiction agreement is legally effective. Consumer jurisdiction is determined by applicable mandatory rules. This clause does not prevent seeking interim measures or pursuing infringement claims before another court where applicable law permits; it does not itself confer jurisdiction on that court.
Notices, support requests and complaints should be sent to the contact email or postal address supplied in your order confirmation and the Legal Notice.

16. Flash Tool access and readouts
Flash Tool accounts are activated following purchase and contact verification. Firmware delivery requires an active entitlement for the identified VIN, the assigned release and an approved configuration. Online authentication is required to authorise new operations. Suspension must not interrupt programming already underway or disable installed firmware.
The Flash Tool may upload the identified vehicle's calibration regions and available EEPROM data to your private account for compatibility assessment and potential map integration. A calibration-only read or masked EEPROM mirror is not a complete ECU backup. Uploading does not automatically apply a tune or authorise an EEPROM rewrite. The Privacy Notice must explain processing, access and retention before production use.
Authenticated requests that violate the supported API schema or protocol trigger temporary suspension of Flash Tool access pending review. Ordinary network failures, retries, expired authentication and unsupported ECU responses are not by themselves grounds for suspension. Aftershift may reinstate access or permanently restrict Flash Tool access following review of confirmed abuse, subject to applicable law and the notice, remedy and termination provisions of this Agreement. This does not itself revoke the installed vehicle software licence or remove mandatory rights and remedies. Technical access controls supplement, and do not expand, the intellectual-property restrictions and statutory exceptions in clause 4.