Terms and Conditions of Sale

3.1 Seller identity

Nova Ecom Legacy LLC

Registered address: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA

Commercial brand: Andy Max Tools

Contact email: info.andymaxtools@gmail.com

3.2 Subject of the contract

The Seller offers software licenses for the diagnostics, unlocking, coding and maintenance of vehicle electronic control units, as well as credit packages for the use of such software.

The software is intended exclusively for professional use by automotive operators (workshops, auto electricians, vehicle diagnostic and maintenance professionals).

3.3 Purchase process

Purchases are made exclusively through the website, as follows:

• The user selects the desired products and adds them to the cart

• The user fills in the data required for registration and invoicing

• The user explicitly accepts these Terms and the software EULA

• The user makes payment using the available methods

• Upon payment confirmation, the user receives access credentials and/or download instructions by email

3.4 Prices

Prices on the website are expressed in Euros. Applicable taxes will be calculated and shown at checkout based on current regulations and on the billing data provided by the user.

The Seller reserves the right to change prices at any time without notice. Applicable prices are those in force at the time of order confirmation.

3.5 Payment methods

Payments are processed through the online payment systems available on the website (Stripe). The Seller does not store payment card data, which is handled directly by certified payment providers.

3.6 Delivery and activation

As digital products are involved, delivery occurs electronically immediately after payment confirmation. The user receives access credentials and instructions to download and activate the software by email.

The Seller is not liable for delays caused by third-party technical issues (email providers, payment systems, hosting providers).

3.7 Right of withdrawal

IMPORTANT NOTICE: as digital content supplied on a non-tangible medium (downloadable software), pursuant to art. 59, paragraph 1, letter o) of the Italian Consumer Code (Legislative Decree 206/2005), the right of withdrawal is EXCLUDED once contract performance has begun, i.e. upon software download or license activation.

By proceeding with the software download or license activation, the user expressly acknowledges and accepts the loss of the right of withdrawal.

For credit package purchases, the right of withdrawal is likewise excluded upon first use of the purchased credits.

3.8 Refund policy

Subject to the previous section, no refunds are provided for digital products once downloaded or activated.

Any refund request will be evaluated case by case, at the Seller's sole discretion, only in the following cases:

• Failure to deliver the product due to causes attributable to the Seller

• Billing errors (duplicate charges, incorrect amounts)

• Severe and unresolvable software malfunction documented by technical support

3.9 Credits system

The Seller offers two types of access to the software:

Founders Tier (lifetime with monthly usage)

• Lifetime access to the software

• Lifetime software updates included

• 100 monthly recurring uses, non-cumulative (the counter resets at the end of each month)

• Available in limited number during the presale phase

• Any usage beyond the monthly limit requires the purchase of additional credit packages

Standard Tier (regular)

• Software access by license

• Initial credits included in the purchase

• Additional credit packages available at the user's discretion

• Purchased credits do not expire, except in case of service termination

3.10 User account

The user is responsible for safeguarding their access credentials. Sharing credentials with third parties is prohibited.

In case of unauthorized account use, the user must immediately notify the Seller by email.

3.11 Account suspension and block

The Seller reserves the right, at its sole discretion, to suspend, restrict or block the user account at any time and without notice, in the following cases (non-exhaustive list):

• Violation of these Terms or the EULA

• Anomalous or suspicious use of the software

• Reverse engineering, decompilation or tampering attempts

• Sharing credentials with third parties

• Use of the software for unlawful purposes or not in accordance with its intended use

• Failure to pay or chargebacks of made payments

• Behavior that may harm the Seller or other users

• Simultaneous access from multiple devices or incompatible geographic locations

• Exceptionally high and unjustified volume of operations

In case of suspension or block, the user shall have no right to any refund, even partial, of prices paid or remaining credits on the account.

3.12 Limitation of liability

The Seller warrants that the software is provided "as is" and does not warrant that it is free from defects, errors or interruptions.

The Seller is not liable for:

• Direct or indirect damages arising from the use or non-use of the software

• Economic losses, data losses, lost profits

• Damages to vehicles, electronic control units or components on which the software is used

• Damages to third parties caused by the user's use of the software

• Legal consequences arising from improper or non-compliant use of the software

In any case, the Seller's maximum liability shall not exceed the amount actually paid by the user for the specific product/service that is the subject of the dispute.

3.13 Warranties

For professional users (B2B), only the warranties expressly provided by these Terms apply, to the exclusion of any other statutory warranty, except as mandatorily provided by applicable law.

3.14 Force majeure

The Seller shall not be liable for failures due to force majeure, including without limitation: natural disasters, wars, pandemics, internet or third-party service outages, cyberattacks, governmental orders.

3.15 Changes to the Terms

The Seller reserves the right to modify these Terms at any time. Changes will be published on the website and communicated by email to registered users. Continued use of the services after publication of changes constitutes acceptance thereof.

3.16 Governing law and jurisdiction

These Terms are governed by Italian law, without prejudice to the mandatory consumer protection rules applicable to the consumer's country of residence.

For any dispute arising from these Terms, exclusive jurisdiction shall lie with the court of the consumer's place of residence/domicile in B2C relationships, and with the courts of New Mexico, USA, in B2B relationships.

3.17 Contacts

For any questions or communications regarding these Terms, you may contact the Seller at: info.andymaxtools@gmail.com