Terms of use

SMART FILES / SERVIS FARKAŠ

GENERAL TERMS & CONDITIONS AND LEGAL DISCLAIMER

Version 1.0 / Electronic Design d.o.o. / 2025

Courtesy translation. In case of doubt, the Croatian version prevails.

1. GENERAL PROVISIONS

All products and services available through the Smart Files / Servis Farkaš platform are subject to these General Terms & Conditions.

By uploading, purchasing or downloading any file, the user agrees to be bound by these terms in full.

All offers and prices are for information purposes only and may change without prior notice.

Provider:
ELECTRONIC DESIGN d.o.o.
Franje Fanceva 2, 48350 Virje, Croatia
E-mail: [email protected]
Brand: Smart Files / Servis Farkaš
Applicable law: the law of the European Union and of the Republic of Croatia

2. PURPOSE AND LIMITATION OF USE

All software, files and technical solutions supplied through the Smart Files system are intended EXCLUSIVELY for use off public roads, including:

agricultural and working machinery,
construction and industrial machinery,
testing on PTO or dyno equipment,
racing, test or educational vehicles.

Use of such files on vehicles driven on public roads is NOT permitted unless the modification has been type-approved and entered in the vehicle registration document in accordance with the applicable EU and Croatian regulations.

3. LEGAL DISCLAIMER – DPF / EGR / SCR / ECU MODIFICATIONS

The user acknowledges being aware that:

removal or deactivation of DPF, EGR, SCR or AdBlue systems, as well as modification of ECU software without homologation, is not permitted on vehicles operated on public roads;
such modification constitutes a technical alteration under the Croatian Road Traffic Safety Act (“Zakon o sigurnosti prometa na cestama”) and EU Regulation (EC) No 715/2007 on vehicle emissions;
operating such a vehicle on public roads may result in loss of type approval, insurance coverage and warranty, as well as fines.

Electronic Design d.o.o. / Smart Files shall not be liable for:

any damage arising from the use of modified software,
any breach of traffic, environmental or insurance regulations,
loss of the manufacturer’s warranty or liability.

The user assumes full responsibility for the installation, use and consequences of all files and software.

4. DIGITAL PRODUCTS AND REFUND POLICY

Smart Files supplies digital products (tuning files, software and technical configurations).

Once a file has been delivered, downloaded or processed, the transaction is deemed final and no refund is possible.

Refunds are not possible for:

custom-made tuning files,
software activations, licences or credits once used,
files that have already been downloaded or delivered.

5. PAYMENT AND CREDITS

All prices are stated in euros (€) excluding VAT, unless otherwise indicated.

Payment is made in advance using the available methods (PayPal, card payment, bank transfer, credits).

Purchased credits are non-refundable and may not be transferred to other user accounts.

Electronic Design d.o.o. reserves the right to restrict access in the event of misuse or non-payment.

6. DELIVERY AND SUPPORT

Files are delivered electronically (via the Smart Files portal or by e-mail).
Delivery times may vary depending on the vehicle type and system workload.
No specific delivery time is guaranteed unless explicitly confirmed.
Technical support is available only for supported tools and formats.

7. WARRANTY AND LIABILITY

All software and files are provided “as is”, without any express or implied warranty.

Electronic Design d.o.o. does not guarantee:

that the software will meet the customer’s specific requirements,
that it will operate correctly with all tools or vehicles,
that it is completely free of errors or interruptions.

The company shall not be liable for any damages exceeding the value of the purchased product.

All ECU reprogramming operations are carried out at the user’s own responsibility.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

All content, including software, databases, maps, texts and logos, is the exclusive property of Electronic Design d.o.o. / Smart Files.

Reproduction, sale, sharing or modification of the content without written consent is prohibited.

9. CONFIDENTIALITY

All data, files and technical information exchanged between the Smart Files system and the user are confidential and may not be disclosed to third parties.

The user undertakes to handle the files responsibly and not to distribute them.

10. GOVERNING LAW AND JURISDICTION

These Terms are governed by the law of the European Union and of the Republic of Croatia.
In the event of a dispute, the Commercial Court in Koprivnica (Croatia) shall have jurisdiction.
Should any provision prove invalid, the remaining provisions shall remain in force.

11. ACCEPTANCE OF TERMS

By ticking “I agree with Terms and Conditions” or by using the Smart Files portal, the user confirms:

that they are a qualified professional (service technician, tuner, mechanic),
that they understand and accept all legal provisions,
and that the software will be used exclusively in accordance with these terms.

12. PRIVACY NOTICE (GDPR)

The controller of personal data is Electronic Design d.o.o., Franje Fanceva 2, 48350 Virje, Croatia, OIB (personal identification number): HR68654354813, trading as Servis Farkaš.

We process the personal data you enter in this service form – including your name and surname/company name, address, OIB (tax ID), phone number, e-mail address, description of the fault, attached files and other documentation you provide – in order to receive, process and carry out your service request, to communicate with you about the service, and to exercise and protect rights arising from the contractual, warranty and service relationship.

Processing is based on Article 6(1)(b) of the General Data Protection Regulation (GDPR) where it is necessary for the performance of a contract or to take steps at your request before entering into a contract, and on Article 6(1)(c) GDPR where it is necessary to comply with the controller's legal obligations.

Data is kept for the duration of the service procedure and, after it is completed, for as long as necessary to fulfil legal, accounting, tax, warranty and other obligations or to establish and defend legal claims.

Your personal data may be accessible to employees and associates involved in carrying out the service request, to service providers who perform certain tasks for us (e.g. accounting, IT or related services), and to competent authorities where we are legally obliged to do so.

We do not sell your personal data or disclose it to third parties for purposes unrelated to carrying out the service request, fulfilling our legal obligations or exercising and protecting our or your rights.

You have the right to request access to your personal data, rectification of inaccurate or incomplete data and, where the legal conditions are met, erasure of personal data or restriction of processing. Where applicable, you also have the right to data portability.

To exercise your rights or for questions about the processing of personal data, contact us at [email protected] or at Electronic Design d.o.o., Franje Fanceva 2, 48350 Virje, Croatia.

If you believe your personal data is being processed in breach of data protection rules, you have the right to lodge a complaint with the Croatian Personal Data Protection Agency (AZOP) as the competent supervisory authority.

By submitting the service form you confirm that you have read this privacy notice. This confirmation is not consent to data processing; it only confirms that the privacy notice was available to you.