Terms of service

Last updated: November 2026

1. Scope

These General Terms and Conditions (the “GTC”) apply to all products, hardware, and other digital content supplied by NGM App GmbH (“NGM”) against payment or free of charge. The GTC apply to you as a consumer (“you”).

If you are a workshop, a dealer or otherwise acting as a business, these GTC do not apply to you. NGM concludes a separate agreement with business customers. Requests can be sent by e-mail to support@ngmapp.com.

The GTC apply to the entire business relationship. NGM’s failure to respond to dissenting letters of confirmation from you shall in no way be deemed to constitute consent.

The use of “NGM App” or any other application from NGM (the “Application”) and the purchase of the NGM OBD II Adapter (the “Hardware”) are governed by these GTC. Please read them carefully. By purchasing these products you agree to the GTC.

Contract language and contract text

The contract language is German or English, depending on the language you selected in the Webshop. If the German and the English version of these GTC differ, the German version applies to customers habitually resident in Germany or Austria, and the English version applies to all other customers.

NGM stores the contract text and sends you the order details and these GTC together with the order confirmation by e-mail. You can access and save the current version of the GTC at any time at ngmapp.com/policies/terms-of-service.

Changes to these GTC are governed by Section 14.

2. Conclusion of contract, account and delivery

Contract conclusion

The contract is concluded once, after selecting the products on https://www.ngmapp.com (the “Webshop”) and completing your payment successfully, you receive a confirmation by e-mail from NGM. For licences, you receive access to your licence by e-mail. For Hardware, shipping will be initiated to the address provided by you.

Checking compatibility before purchase

Before purchasing, you check with the configurator or on the vehicle page in the Webshop whether the Application is suitable for your vehicle: model, engine, model year, gearbox, the required adapter and your smartphone (operating system and version). Selecting the correct vehicle and the correct licence is your responsibility. For vehicles from model year 2024, NGM currently offers no gearbox software (TCU tuning). If you are unsure, ask support before you buy (Section 12).

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 (Section 4) or any other non-waivable statutory consumer rights.

Single-vehicle licence & VIN binding

Each licence purchased is a single-vehicle licence. Upon activation, the Application and its licence are technically and permanently linked to the specific Vehicle Identification Number (VIN) of the car selected during the purchase process. A transfer of the licence to another vehicle, or the use of one licence for multiple vehicles, is technically impossible and contractually excluded.

Account registration & e-mail address

Registration of a user account requires a personal e-mail address of the account holder. Only e-mail addresses that can be clearly attributed to a specific natural or legal person are permitted (e.g. john.doe@example.com or info@examplecompany.com). Not permitted are generic e-mail addresses, or addresses evidently intended to be passed on, which create the impression of a transferable licence (e.g. tuninglicence-vehicle@example.com or comparable designations).

NGM is entitled to refuse registrations using such e-mail addresses and to require the e-mail address to be changed within a reasonable period. If you do not comply with such a request, NGM may suspend the user account until the breach has been remedied. During a suspension for which you are responsible, use of the purchased licence is suspended; to that extent, no claim to a refund of the purchase price, credit, compensation, or extension of the licence term arises. Your statutory rights and any non-waivable consumer rights remain unaffected.

Please note: It can take up to 14 days after first connecting the NGM OBD Adapter to your car to provide the data required for the use of the NGM App itself.

3. Prices and payment

All prices in the Webshop are total prices and include statutory VAT. Prices are displayed in the currency you selected in the Webshop. Shipping costs apply to the Hardware; NGM shows them to you in the cart and during checkout before you place the order. No shipping costs apply to licences.

For deliveries to addresses outside the European Union, customs duties, import VAT and other import charges may apply. They are not included in the price and are collected from you by the carrier or the customs authority. You bear these charges.

You can pay with the payment methods shown to you during checkout. Which payment methods are available may depend on the delivery country and the contents of your cart.

All products must be paid for in full before delivery or provision of the licence. Payments are deemed made when irrevocably credited to NGM’s account. For purchase on invoice or in instalments via a payment service provider, payment is deemed made once the payment service provider has approved the payment.

Any bank charges and expenses for payment transactions incurred by the transfer are borne by you. This does not include fees charged to NGM directly by the payment service provider.

4. Right of withdrawal

As a consumer, you have a statutory right of withdrawal. The full withdrawal notice including the model withdrawal form is set out in our separate Right of Withdrawal / Refund Policy. In summary:

• Hardware: You may withdraw from the contract within 14 days of the day on which you, or a third party named by you who is not the carrier, received the Hardware. You bear the direct cost of returning the Hardware. NGM may withhold the refund until NGM has received the Hardware back or you have supplied evidence of having sent it back. NGM may claim compensation for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
• Licence (digital content): You may withdraw from the contract within 14 days of the conclusion of the contract as long as the licence has not been activated on a vehicle. Upon activation, the licence is bound to the VIN of your vehicle and NGM’s performance is rendered in full. Your right of withdrawal expires upon activation if you have given your prior express consent to NGM beginning performance before the end of the withdrawal period and have acknowledged that your right of withdrawal expires upon activation (Section 356(6) of the German Civil Code (BGB), Art. 16(m) of Directive 2011/83/EU). You give this consent during checkout; NGM confirms it to you in the order confirmation.

You can declare your withdrawal informally by e-mail to support@ngmapp.com, by post, or via the withdrawal function “Withdraw from contract” in the footer of the Webshop.

If you are habitually resident in Switzerland, NGM voluntarily grants you the same right of withdrawal as customers in the European Union. For customers habitually resident in Austria, the withdrawal corresponds to the right of rescission (Rücktritt) under the Austrian Distance and Off-Premises Transactions Act (FAGG).

5. Licence and intellectual property

The Application and all of its contents are owned by NGM. You are granted a non-exclusive, non-assignable licence, strictly limited to use with the single vehicle (linked to the VIN) for which it was purchased. The licence is not limited in time and applies to this vehicle for as long as NGM operates the Application (Section 7).

The licence covers the functions and stages released for your vehicle as listed in the licence overview on the vehicle page, plus the updates under Section 6.

The licence is bound to your personal user account (Section 2). Passing on your account or access credentials to third parties, or sharing the account for the purpose of joint use of the licence, is not permitted.

Except as expressly provided, you are strictly forbidden to modify, copy, reverse-engineer, decompile, or sell any information or content contained in the Application. Acts that are mandatorily permitted by law (Sections 69d and 69e of the German Copyright Act (UrhG)) remain permitted.

6. Digital products: provision, updates and defects

Provision

The licence is deemed provided once you have received access to your licence by e-mail and the licence has been unlocked in your account in the Application. To use it, you need the Application on a compatible smartphone, the Hardware and an internet connection.

Updates

NGM provides you with the updates for the licence that are necessary to maintain conformity with the contract, including security updates, and informs you about them, for example in the Application or via the app store. This applies for the period you can expect given the type and purpose of the licence and taking into account the circumstances and the nature of the contract (Section 327f BGB). If NGM additionally provides new functions or further vehicles, it does so voluntarily; there is no entitlement to them.

You must install updates provided within a reasonable period. If you fail to do so, NGM is not liable for defects that are solely due to the missing update, provided NGM has informed you of the availability of the update and the consequences of not installing it, and the installation instructions were not faulty (Section 327f(2) BGB).

Changes to the Application

NGM may change the Application beyond what is necessary to maintain conformity with the contract if there is a valid reason, such as adapting it to a new technical environment, to changed vehicle software, to app store requirements or to the legal situation, and no additional costs arise for you. NGM informs you clearly and comprehensibly about such a change. If the change impairs your ability to use the Application to more than an insignificant extent, NGM informs you in good time beforehand by e-mail, and you may terminate the contract free of charge within 30 days of receiving the information (Section 327r BGB).

Rights in case of defects

The statutory rights for digital products (Sections 327 et seq. BGB) apply to the licence: subsequent performance, termination of the contract, price reduction and damages under the statutory conditions. The limitation period is two years from provision. In the event of a breach of the update obligation, it does not begin before the end of the update period.

Data after the end of the contract

If the contract for the licence ends, NGM will not continue to use content that you provided or created when using the Application, unless the law permits otherwise (Section 327p BGB). Vehicle data that NGM stored to perform the contract, for example the backup of your factory software, is kept only for as long as it is needed to flash back to stock or to fulfil legal obligations. Details are set out in the Privacy Policy.

7. Availability and operation

NGM operates the licence server and the Application with reasonable care. NGM cannot guarantee uninterrupted availability. Access may be temporarily restricted, in particular for maintenance, updates or for security reasons. NGM announces planned maintenance windows where possible in the Application or by e-mail.

If NGM discontinues the operation of the Application, NGM announces this at least six months in advance by e-mail to the address stored in your account. During this period you can flash your vehicle back to stock with the Application. Your statutory rights remain unaffected.

You can request the deletion of your user account at any time, by e-mail to support@ngmapp.com or, where available, via the function in the Application. Upon deletion, your access to the licence ends permanently; restoration and a refund of the purchase price are excluded. If you want to return your vehicle to stock, do so before deleting the account.

8. Your obligations when flashing

Flashing modifies the control units of your vehicle. To ensure the process runs safely, you are obliged

• to flash only your own vehicle or a vehicle whose keeper has consented to the flash;
• to flash only a vehicle in technically sound condition with no entries in the fault memory;
• to connect the vehicle battery to a suitable battery charger for the entire process, or at least to ensure it is fully charged, and to switch off consumers that are not needed;
• not to interrupt the flash process: leave the ignition on, do not start the engine, do not unplug the adapter, do not lock the vehicle;
• to keep your smartphone charged and within Bluetooth range of the adapter during the process;
• not to use third-party tuning hardware (for example piggyback modules) or third-party software on the control unit, and to use only NGM’s Hardware;
• to follow the instructions in the Application and the guidance of support, and after a failed flash not to use any other diagnostic or flashing tools before contacting support;
• to check the behaviour of the vehicle after the flash and to report anything unusual to support;
• to keep up the maintenance of your vehicle, including oil, spark plugs and service intervals, because a performance increase puts more load on the engine and gearbox.

If you breach these obligations, any resulting contributory negligence will be attributed to you in the event of damage (Section 254 BGB). A goodwill measure under Section 10 is not available in these cases.

9. Permitted use and road approval

The Application is a customization solution. Settings changed with the Application are intended exclusively for use on closed tracks and in motorsport. Use on public roads is not permitted without the required registration of the modification.

Modifying the engine or gearbox software may cause your vehicle’s operating permit to lapse under Section 19(2) of the German Road Traffic Licensing Regulations (StVZO). Driving on public roads without a valid operating permit can result in fines, penalty points, the vehicle being taken off the road, and criminal liability.

• Registration: Registering the modification, usually by way of an individual inspection under Section 21 StVZO, is your responsibility. NGM does not supply a parts certificate (Teilegutachten) or a general operating permit (ABE) and does not warrant that registration is possible.
• Emissions and noise: The emission and noise behaviour of your vehicle may change. This may breach emission regulations (for example Euro 6 or Euro 7, ECE regulations) and may cause the vehicle to fail its periodic technical inspection.
• Insurance: Inform your insurer before using the vehicle on public roads. An undisclosed modification may put your insurance cover at risk.
• Manufacturer’s warranty: The vehicle manufacturer’s warranty and goodwill may lapse. This also applies after flashing back to stock, because flash processes leave traces in the control unit that the manufacturer can detect.
• Other countries: Outside Germany, the rules of the country in which the vehicle is registered or driven apply. You check them before purchase and before use.

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.

Performance figures

Power and torque figures (hp, kW, Nm) in the Webshop, in the configurator and on the vehicle pages are measured values that NGM determined under defined conditions: with the fuel grade stated for the respective stage (for example 102 RON), at normal ambient temperatures, and on a technically sound vehicle with factory hardware or with the hardware stated for Stage 2. They are not a guarantee. The power actually achieved depends on fuel, temperature, altitude, the condition and production tolerances of your vehicle, and the measuring method, and may differ.

10. Warranty and liability

Hardware

Mandatory statutory warranty claims under consumer law apply to the Hardware (OBD Adapter). The limitation period is two years from delivery. NGM does not provide any guarantee beyond this.

Application and licence

The statutory rights for digital products under Section 6 apply to the licence.

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, an error, or a defect of your vehicle resulting from the use of the Application or Hardware. The above limitations of liability also apply in favour of NGM’s legal representatives, employees, and vicarious agents.

Goodwill in case of control unit damage

If a control unit no longer responds after a flash with the Application, NGM examines the case together with you and may, in individual cases, help voluntarily, up to and including replacing the control unit. This goodwill is a voluntary measure without legal entitlement and without precedent for other cases; it is not a guarantee within the meaning of Section 479 BGB. It is not available if the flash process was interrupted by your conduct, no battery charger was connected, third-party tuning hardware or third-party software was installed in the vehicle, the vehicle was not in technically sound condition, or the Application was used contrary to the instructions. Your statutory rights in case of defects and NGM’s liability under this Section 10 remain unaffected.

Mandatory consumer law

Where the mandatory consumer law of the country in which you are habitually resident grants you further rights or does not permit one of the above limitations (for example the Consumer Rights Act 2015 in the United Kingdom), those rights remain unaffected and the limitation does not apply to you to that extent.

11. 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 or Hardware, or from 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.

12. Support

You can reach NGM’s support by e-mail at support@ngmapp.com and via the chat on the website. Support is staffed Monday to Friday and usually replies within 24 hours on working days, in German and English. For requests about your vehicle or your order, please state your order number or the e-mail address of your account, the vehicle with engine code and model year, and the version of the Application.

Support covers help with installation, connection, the flash process and questions about the licence. It does not cover work on the vehicle on site or advice on road approval or registration.

13. 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.

Detailed information regarding NGM’s processing of personal data and data protection can be found in our Privacy Policy.

14. Final provisions

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded by the mandatory consumer protection provisions of the country in which you are habitually resident.

If you are a merchant, a legal entity under public law or a special fund under public law, the registered office of NGM is the exclusive place of jurisdiction. For consumers, the statutory places of jurisdiction apply.

Consumer dispute resolution: NGM is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). For any complaint, you may contact NGM directly at support@ngmapp.com.

Changes to the GTC

Amended GTC apply to contracts concluded after the amendment takes effect. For the ongoing services under existing contracts (updates under Section 6 and operation of the Application under Section 7), NGM may amend these GTC if there is a valid reason, such as a change in the legal situation or in the technical framework, and the amendment does not unreasonably disadvantage you. NGM informs you of the amendment and of your right to object by e-mail at least six weeks before it takes effect. If you do not object before the amendment takes effect, it is deemed accepted; NGM points this out separately in the notification. If you object, the previous version continues to apply to you.

Severability

If any provision of these GTC is held unenforceable, the remaining provisions remain in full force. The statutory provisions apply in place of the unenforceable provision.

NGM App GmbH · Pettenkoferstraße 12 · 83052 Bruckmühl · Germany