Terms and conditions
GENERAL TERMS AND CONDITIONS (GTC)
1. INTRODUCTION
The General Terms and Conditions (hereinafter referred to as "the GTC") apply to all products, hardware, and other digital content supplied by NGM App GmbH (hereinafter referred to as NGM) against payment or free of charge. The GTC applies only to you as a private customer (hereinafter referred to as "you").
The GTC applies to the entire business relationship. NGM´s failure to respond to dissenting letters of confirmation from you is in no way be deemed to constitute consent.
The use of "NGM App" or any other application from NGM (hereinafter referred to as "the Application") and the purchase of the NGM OBD II Adapter (hereinafter referred to as "the Hardware") are governed by the GTC. Please read them carefully because by purchasing these products you agree to the GTC.
NGM App reserves the right to make changes to the Application and the GTC at any time; Any changes do not affect an existing agreement between you and NGM unless both parties agree to it.
2. CONCLUSION OF CONTRACT / DELIVERY
Contract conclusion:
The contract is concluded if after selecting the products on https://www.ngmapp.com (hereinafter referred to as "the Webshop") and your successful payment you get a confirmation by e-mail from NGM. For digital content, you will receive a download or voucher code. For Hardware, shipping will be initiated to the address provided by you.
Hardware Delivery:
Hardware will be shipped within the estimated timeframe indicated in the Webshop. NGM retains title to the Hardware (Retention of Title) until full payment of the purchase price has been received.
Shipping Times & Customs Delays (Express Shipments):
Stated delivery times, including for express shipping options (e.g. DHL Express), are non-binding estimates only, unless explicitly confirmed by NGM as a fixed delivery date in writing. NGM hands the Hardware over to the shipping carrier within the indicated timeframe; the actual transit time, however, is determined by the carrier and, for cross-border shipments, by customs authorities. Delays caused by customs clearance, customs inspections, import processing, public holidays, strikes, or other circumstances at the carrier or at customs are outside of NGM's sphere of influence and control. Provided NGM has handed over the Hardware to the carrier within the stated timeframe, such delays shall not constitute a breach of contract or delay in delivery by NGM, and NGM shall not be liable for them. This clause does not limit your statutory right of withdrawal under "Right of Withdrawal & Return Costs" below or any other non-waivable statutory consumer rights.
Single-Vehicle License & VIN Binding:
Each license purchased is a single-vehicle license. Upon activation, the Application and its license are technically and permanently linked to the specific Vehicle Identification Number (VIN) of the car selected during the purchase process. A transfer of the license to another vehicle or the use of one license for multiple vehicles is technically impossible and contractually excluded.
Right of Withdrawal & Return Costs:
a) For Digital Content: As the Application is not supplied on a tangible medium and NGM's performance begins immediately with the provision of the download/voucher code, you have no right of withdrawal according to Art 16 lit m Directive 2011/83/EU once the performance has begun with your prior express consent.
b) For Hardware: You have a statutory right of withdrawal within 14 days of receiving the Hardware. To exercise this right, you must inform NGM via email. In the event of a withdrawal, you (the customer) shall bear the direct cost of returning the Hardware. Refunds for hardware will only be processed once NGM has received the goods back in original condition.
Note: It can take up to 14 days after the first time connecting the NGM OBD Adapter with the car, to provide the data for the use of the NGM APP itself.
3. TERMS OF PAYMENT
All products must be paid for in full before delivery or provision of download links. You can do this by selecting one of the payment options offered in the Webshop. Payments are deemed made when irrevocably credited to NGM's account.
The bank charges and expenses for payment transactions incurred by the transfer are always at your expense. This does not include fees that are charged to NGM directly by the payment service provider.
4. COPYRIGHT / INTELLECTUAL PROPERTY
The Application and all contents are owned by NGM. You are granted a non-exclusive, non-assignable license strictly limited to the use with the single vehicle (linked to the VIN) for which it was purchased.
Except as expressly provided, you are strictly forbidden to modify, copy, reverse-engineer, decompile, or sell any information or content contained in the Application.
5. PRIVACY POLICY / DATA PROTECTION
NGM processes personal data exclusively in accordance with the GDPR. Depending on the purpose, the legal basis for processing is the performance of the contract (Art. 6(1)(b) GDPR), compliance with a legal obligation (Art. 6(1)(c) GDPR), your consent (Art. 6(1)(a) GDPR), or NGM's legitimate interests (Art. 6(1)(f) GDPR), for example for the security of our systems and internal quality reviews. Data is used to process transactions, fulfil orders, handle service requests, and meet legal obligations. Where processing is based on your consent, you may withdraw that consent at any time with effect for the future.
6. DETAILED INFORMATION
Detailed information regarding NGM's processing of personal data and data protection can be found under https://www.ngmapp.com/
7. PERMITTED USE & ROADWORTHINESS
The Application is a customization solution. Any driving optimized with the Application is not allowed on public roads, but only and exclusively on separate racetracks.
The usage of the Application/Hardware and any optimizations may result in loss of roadworthiness and/or car manufacturer's warranty commitments. Driving on public roads with changed settings can lead to severe penalties. Use is at your own responsibility and risk. You are solely responsible for ensuring that your use complies with all applicable local laws and registration requirements.
8. WARRANTY / LIABILITY
Hardware: Mandatory statutory warranty claims under consumer law apply to the Hardware (OBD Adapter).
Software/Application: The Application is provided 'as is'. NGM does not warrant that functions will be uninterrupted or error-free, as freedom from errors is not possible with software according to the state of technology.
Liability: NGM shall be liable without limitation for damages resulting from intent or gross negligence, from injury to life, body or health, under the applicable Product Liability Act, and to the extent NGM has expressly assumed a guarantee.
For cases of slight (simple) negligence, NGM shall be liable only for the breach of an essential contractual obligation — that is, an obligation whose fulfilment is necessary for the proper performance of the contract and on whose observance you as the customer may regularly rely. In such cases, NGM's liability is limited to the foreseeable damage typical for this type of contract.
Any further liability of NGM is excluded. In particular, and subject to the limitations set out above, NGM shall not be liable for damages caused by a delay in operation, error, or defect of your vehicle resulting from the use of the Application/Hardware. The above limitations of liability also apply in favour of NGM's legal representatives, employees, and vicarious agents.
9. INDEMNIFICATION
To the extent permitted by law, you shall indemnify NGM against justified third-party claims arising from your culpable (intentional or negligent) misuse of the Application/Hardware or your culpable breach of these GTC. This does not apply where and to the extent that you are not responsible for the claim or that the claim was caused by NGM. Your statutory rights and any non-waivable consumer rights remain unaffected.
10. FINAL PROVISION
German law applies. The competent court in Germany is agreed as the exclusive place of jurisdiction. If any provision is held unenforceable, the remaining provisions remain in full force.
Pursuant to AStG, NGM points out the following dispute resolution body: BMJ Schlichtungsstelle. Contact for complaints: support@ngmapp.com. NGM will not participate in arbitration proceedings.
EU Online Dispute Resolution: http://ec.europa.eu/consumers/odr
Last updated: June 2026
