Terms of Use

§ 1 Scope and Contracting Party

These Terms of Use (hereinafter "Terms") apply to the use of the mobile application TougeTech App (hereinafter "App"), developed and provided by:

TougeTech – Fölsch & Ernst GbR
Brandenburger Straße 32
21244 Buchholz in der Nordheide
Germany
Email: info@tougetech.de

(hereinafter "TougeTech", "Provider", "we" or "us").

By downloading, installing and/or using the App, you agree to these Terms. If you do not agree to these Terms, you may not use the App.

These Terms apply to both consumers within the meaning of applicable consumer protection law and business users, unless expressly distinguished.

§ 2 Description and Purpose of the App

The TougeTech App is a control application for TougeTech hardware modules that communicates via Bluetooth Low Energy (BLE) with compatible ESP32-based controllers. The app enables in particular:

• PopUp Module (HLM): Control of popup headlights (opening, closing, blinking, sleepy eyes function) via BLE commands
• Gauges / Additional Displays: Management and configuration of BLE-based measurement displays (e.g. oil temperature, pressure)
• Light Module: Lighting control (in development)
• Sound Module: Sound control (in development)
• Settings: Customization of design, brightness, language, and visible modules

The app communicates exclusively with TougeTech hardware in close physical proximity via Bluetooth. No data is transmitted to external servers. The app requires compatible TougeTech hardware for full functionality.

Modules labeled "In Development" or "Coming Soon" in the app are not yet complete and are not available for full use. No legal claim exists to such features.

§ 3 License and Permitted Use

The Provider grants you a non-exclusive, non-transferable, revocable, and free-of-charge license to install and use the App on your mobile device for the purpose described in these Terms.

This license expressly does not include:

• copying, reproducing, or distributing the App or any part thereof,
• decompiling, reverse-engineering, or disassembling the App,
• modifying, adapting, or creating derivative works based on the App,
• commercially redistributing, renting, or sub-licensing the App to third parties,
• removing, altering, or obscuring any copyright notices or proprietary markings in the App.

The App contains open-source components governed by their respective licenses (including MIT, BSD, Apache 2.0). These are listed in § 10.

§ 4 Requirements and Technical Prerequisites

The following prerequisites are required for the intended use of the App:

• Android device running at least Android 5.0 (API Level 21)
• Functioning Bluetooth adapter with BLE support (Bluetooth 4.0 or higher)
• Compatible TougeTech hardware module (ESP32-based with TougeTech firmware)
• Granting of the required Android system permissions (Bluetooth, and location on Android ≤ 11)
• Professional and proper installation of the hardware module in the vehicle

The Provider cannot guarantee that the App will function correctly on all Android devices or in all operating system versions.

§ 5 Safety Instructions and Usage Restrictions

5.1 Prohibition of Use While Driving

5.2 Professional Hardware Installation

TougeTech hardware modules must be installed in vehicles by a qualified specialist (e.g. automotive workshop, licensed electrician) in accordance with applicable technical regulations and TougeTech installation instructions. Improper electrical installations can cause short circuits, vehicle fires, vehicle damage, or personal injury.

5.3 Vehicle Registration and Traffic Law

The user is solely responsible for ensuring that the installed TougeTech hardware modules and their control via the App comply with applicable vehicle registration regulations, traffic law, and all other relevant national and international regulations. Vehicle modifications may invalidate the vehicle's operating permit. Obtaining any required individual inspection or approval (e.g. from DEKRA, TÜV, GTÜ, or equivalent authority) is exclusively the user's responsibility.

5.4 Further Prohibited Uses

The following uses are prohibited:

• Using the App to control hardware that is not intended for TougeTech modules or for which no compatibility exists
• Any use that endangers or harms third parties
• Misuse of the Bluetooth functionality to connect without authorization to third-party devices
• Use of the App for illegal purposes or in a manner that violates applicable law
• Circumventing, disabling, or otherwise impairing security features of the App or the hardware

§ 6 User Obligations

You agree to use the App only as intended and in accordance with these Terms and applicable law. In particular:

• You ensure that the hardware you operate is properly installed and approved for use.
• You do not operate the App while driving.
• You do not use the App to gain unauthorized access to third-party devices.
• You keep the operating system and App up to date when security updates are available.
• You promptly report any identified errors, security vulnerabilities, or safety-relevant issues to info@tougetech.de.

§ 7 Limitation of Liability

7.1 Scope of Liability

TougeTech's liability for damages caused by TougeTech, its legal representatives, or agents is governed as follows:

• TougeTech is fully liable for intent and gross negligence.
• For slight negligence, TougeTech is only liable for breach of a material contractual obligation (cardinal obligation) – i.e. an obligation whose fulfillment is essential to the proper execution of the contract and on whose compliance you regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion.
• Liability for damages arising from injury to life, body, or health is not affected by the above limitations and remains unlimited.
• Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

7.2 Exclusion of Liability for Hardware and Installation

TougeTech accepts no liability for damages arising from:

• improper installation, wiring, or commissioning of TougeTech or third-party hardware by the user or third parties,
• operation of the App or the controlled hardware while driving,
• violations of traffic law or vehicle registration regulations,
• use of the App with incompatible or non-approved hardware,
• errors or failures caused by defects in the end device's Bluetooth hardware or vehicle electronics not caused by TougeTech,
• use of the App contrary to these Terms or the accompanying documentation.

7.3 Data Loss

Since the App stores only local app data (settings and configurations), TougeTech's liability for data loss is limited to cases where TougeTech could have prevented the loss through reasonable data security measures. Since data resides on the user's device, we recommend performing regular device backups.

§ 8 Warranty and Availability

The App is provided "as is" without warranty of complete freedom from errors or uninterrupted availability, to the extent permitted by law. TougeTech strives to provide a reliable and error-free App but cannot guarantee this.

In particular, TougeTech does not warrant that:

• the App will function correctly on all Android devices and operating system versions,
• the Bluetooth connection will be interference-free in all environments,
• features marked "In Development" or "Coming Soon" will become available at any specific time,
• the App will continue to function unchanged after third-party operating system updates.

Statutory warranty rights of consumers remain unaffected by this provision.

§ 9 Intellectual Property

All rights in and to the App, including copyright, trademark rights, design rights, and other proprietary rights, remain with TougeTech – Fölsch & Ernst GbR, unless expressly stated otherwise. The designation "TougeTech" is a brand name of the Provider.

These Terms do not grant you any ownership rights in the App or its content. You are solely entitled to use the App within the scope of the license granted in § 3.

§ 10 Open-Source Components

The App uses open-source libraries governed by their respective licenses. These licenses may differ from the usage rights described in these Terms. The main libraries used include:

• Flutter SDK – BSD 3-Clause License, Google LLC
• flutter_blue_plus – MIT License
• permission_handler – MIT License
• shared_preferences – BSD 3-Clause License
• url_launcher – BSD 3-Clause License
• flutter_foreground_task – MIT License

Full license texts of the libraries used are available within the App under Settings → App Info → Licenses (where available) or can be requested at info@tougetech.de.

§ 11 Changes to the App and These Terms

TougeTech reserves the right to further develop, update, or modify the App at any time, including to add new features, improve existing functionality, or fix security issues.

TougeTech also reserves the right to amend these Terms at any time with effect for the future. Users will be informed of material changes in an appropriate manner (e.g. via a notice in the App or on the website). Continued use of the App after notification of changes constitutes acceptance of the amended Terms.

The current version of these Terms is always available at https://tougetech.com/privacy/app/terms-of-use.html.

§ 12 Term and Termination

The usage relationship exists for an indefinite period and commences upon download or installation of the App. You may terminate the usage relationship at any time without notice by uninstalling the App.

TougeTech is entitled to revoke the license with immediate effect if you breach material provisions of these Terms, including safety instructions, usage restrictions, or applicable law.

§ 13 Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For disputes with consumers, the mandatory consumer protection laws of the country in which the consumer is habitually resident apply. The above choice of law does not restrict any further statutory protective rights.

The place of jurisdiction for disputes with merchants, legal entities under public law, or special funds under public law is, to the extent permitted by law, the registered location of TougeTech in Buchholz in der Nordheide, Germany.

§ 14 Online Dispute Resolution (EU Platform)

The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr/. Our email address is: info@tougetech.de.

§ 15 Consumer Dispute Settlement

TougeTech is neither willing nor obligated to participate in dispute settlement proceedings before a consumer arbitration board. In case of disputes, we recommend contacting us directly at info@tougetech.de.

§ 16 Severability Clause

If any provision of these Terms is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, that valid and enforceable provision shall be deemed agreed upon which comes closest to the economic purpose of the invalid or unenforceable provision.

§ 17 Contact

For questions regarding these Terms, please contact:

TougeTech – Fölsch & Ernst GbR
Brandenburger Straße 32
21244 Buchholz in der Nordheide
Germany
Email: info@tougetech.de