Terms and Conditions

These Terms and Conditions govern the use of the Powersports-Diag website and the purchase of products, diagnostic equipment, software licences, digital products, activation services, and related support services offered through the website.

By accessing the website, creating an account, placing an order, or purchasing a product or service, you confirm that you have read, understood, and agreed to these Terms and Conditions.

If you do not agree with these Terms and Conditions, you should not use the website or place an order.

1. Seller Information

Powersports-Diag / Intercoding INC
1401 Pennsylvania Ave. STE 105
Wilmington, DE 19801
United States

Email: support@powersports-diag.com
Phone: +1 302 231 2006

Our operational office is located in Klagenfurt, Austria. Physical products are dispatched directly from our EU warehouse unless otherwise stated.

2. Scope of These Terms

These Terms and Conditions apply to all orders placed through the Powersports-Diag website unless separate written terms have been agreed between Powersports-Diag and the customer.

Our products and services may be offered to:

• individual consumers purchasing primarily for personal use,
• professional technicians and repair workshops,
• dealers, distributors, companies, and other business customers.

Some provisions of these Terms apply differently to consumers and business customers. Nothing in these Terms limits any mandatory rights granted to consumers under applicable law.

3. Products and Services

Powersports-Diag offers products and services that may include:

• vehicle diagnostic interfaces and communication devices,
• diagnostic kits and workshop equipment,
• software licences and subscriptions,
• digital activation codes and licence certificates,
• software installation and activation assistance,
• technical information and product support,
• cables, adapters, accessories, and related products.

Product images, descriptions, specifications, compatibility information, and other website content are provided for general information. We make reasonable efforts to ensure that this information is accurate and up to date; however, minor differences in appearance, packaging, labelling, included documentation, or product presentation may occur.

Unless expressly stated otherwise, vehicle manufacturers, brand names, trademarks, and software names shown on the website belong to their respective owners. Their use is for product identification and compatibility purposes only and does not necessarily indicate that Powersports-Diag is an authorised dealer, representative, or affiliate of the relevant manufacturer.

4. Product Compatibility

Customers are responsible for reviewing the product description and confirming that the selected hardware, software, licence, cable, or diagnostic solution is suitable for the intended vehicle, model, model year, control unit, computer system, and intended operation.

Compatibility may depend on factors including:

• vehicle manufacturer, model, model year, and market version,
• installed control modules and firmware versions,
• diagnostic software generation and version,
• computer operating system and hardware configuration,
• licence type and authorised functionality,
• required cables, adapters, internet access, or additional hardware,
• manufacturer restrictions or security authorisations.

If you are uncertain which product or licence is required, please contact us before placing your order and provide the relevant vehicle and system information.

Recommendations made by our support team are based on the information supplied by the customer. Powersports-Diag is not responsible for an incorrect recommendation resulting from incomplete, inaccurate, or misleading information supplied by the customer.

5. Customer Accounts

You may be required to create a customer account to purchase or access certain products and services.

You are responsible for:

• providing accurate and complete account information,
• keeping your account information up to date,
• maintaining the confidentiality of your login credentials,
• preventing unauthorised access to your account,
• notifying us promptly if you suspect unauthorised use of your account.

You may not create an account using false information, impersonate another person or organisation, or use an account for unlawful or fraudulent purposes.

We reserve the right to suspend or close an account where we reasonably suspect fraud, misuse, security risks, breach of these Terms, or unlawful activity.

6. Placing an Order

By placing an order, you are making an offer to purchase the selected products or services under these Terms and Conditions.

After submitting an order, you may receive an automatic email confirming that the order has been received. This acknowledgement does not necessarily mean that the order has been accepted.

A binding sales contract is formed when we:

• confirm acceptance of the order,
• dispatch a physical product,
• issue or activate a software licence, or
• begin providing the ordered digital or support service.

We may request additional information before accepting an order, including information required to verify payment, billing details, delivery details, licence eligibility, product compatibility, or suspected fraud.

7. Right to Refuse or Cancel an Order

We reserve the right to refuse or cancel an order before acceptance where reasonably necessary, including where:

• the product is unavailable or incorrectly listed,
• the price or product information contains an obvious error,
• payment cannot be authorised or verified,
• the delivery address is incomplete, invalid, or unsupported,
• we reasonably suspect fraud, abuse, unauthorised resale, or unlawful activity,
• the requested licence or service cannot be supplied for technical, legal, contractual, or manufacturer-related reasons,
• the order would breach applicable export controls, sanctions, or other legal restrictions.

If an order is cancelled after payment has been received but before the product or service has been supplied, the corresponding payment will be refunded using the original payment method, unless otherwise agreed.

8. Prices and Taxes

Product prices are displayed in the currency selected or shown on the website. The applicable price is the price displayed during checkout at the time the order is submitted, subject to correction of obvious errors.

Prices may include or exclude VAT, sales tax, customs duties, import taxes, or similar charges depending on the customer’s location, tax status, delivery destination, and the information displayed during checkout.

For deliveries outside the applicable customs or tax territory, the recipient may be responsible for customs duties, import taxes, brokerage fees, clearance fees, or other charges imposed by the destination country. These charges are not controlled by Powersports-Diag unless expressly included in the order total.

We may change prices at any time. Price changes do not affect orders already accepted by us.

9. Payment

Available payment methods may include:

• PayPal,
• Mastercard,
• Visa,
• American Express / Amex,
• Google Pay,
• Apple Pay,
• other payment methods displayed during checkout.

Payments may be securely processed through third-party payment providers such as Stripe or PayPal.

You confirm that:

• you are authorised to use the selected payment method,
• the payment and billing information supplied is accurate,
• sufficient funds or credit are available to complete the transaction.

Your payment method may be authorised before the final charge is completed. In some cases, the authorisation may appear as a pending transaction.

If payment is declined, reversed, disputed, charged back, or suspected to be fraudulent, we may suspend fulfilment, deactivate a licence where legally and technically permitted, suspend the associated account, or request an alternative payment method.

10. Digital Products, Software Licences, and Activations

Digital products may include software licences, licence certificates, subscription access, activation codes, downloadable files, passwords, remote activation services, and other electronically supplied content or services.

Unless expressly stated otherwise:

• a licence grants a limited right to use the relevant software or service,
• ownership of the software or intellectual property is not transferred to the customer,
• licences may be limited by device, computer, diagnostic interface, user, company, vehicle brand, period, function, or number of activations,
• licences may not be shared, copied, resold, transferred, sublicensed, or used by unauthorised persons,
• licence duration begins according to the product description, activation date, issuance date, or first use, as applicable.

The customer is responsible for reviewing all licence conditions, duration, supported functions, hardware requirements, and compatibility information before purchase.

Software licences and access rights may also be subject to the end-user licence agreement, terms, restrictions, and privacy policy of the relevant software manufacturer or service provider.

11. Immediate Supply of Digital Content and Services

Where permitted by applicable law, the customer may request that the supply of digital content, licence activation, or digital services begin immediately and before the expiry of any statutory withdrawal period.

Where required for consumer orders, checkout may ask the customer to:

• expressly consent to immediate performance or delivery, and
• acknowledge that the statutory right of withdrawal may be lost once the supply or performance has begun.

Once a licence code, activation certificate, password, downloadable product, or other digital content has been issued, revealed, downloaded, activated, linked to a device, or otherwise made available following the customer’s express request and acknowledgement, cancellation or refund may no longer be available, except where the digital product is defective or mandatory law provides otherwise.

12. Software Updates and Third-Party Systems

Diagnostic software, vehicle systems, manufacturer servers, security gateways, operating systems, drivers, and third-party services may be updated, modified, restricted, suspended, or discontinued by their respective providers.

Unless expressly guaranteed in writing, Powersports-Diag cannot guarantee:

• permanent compatibility with future software or operating-system versions,
• continued availability of third-party servers or online functions,
• access to manufacturer dealer portals, security credentials, authorisation keys, subscriptions, or protected programming functions,
• that every function will be available for every vehicle, market, module, or software version.

Access credentials, dealer accounts, manufacturer accounts, security certificates, programming authorisations, and similar restricted services are not included unless explicitly stated in the relevant product description.

13. Shipping and Delivery

Physical products are normally processed and dispatched within 1 business day after successful receipt or authorisation of payment, unless a different processing period is stated on the product page or communicated to the customer.

Orders are normally dispatched on business days, Monday to Friday, from our EU warehouse using FedEx or another suitable courier service with shipment tracking.

After dispatch, the customer will normally receive a tracking number or tracking link.

Delivery times displayed on the website are estimates only. Actual delivery may be affected by:

• destination and local delivery conditions,
• customs clearance and import procedures,
• public holidays and non-working days,
• weather, transport disruption, or courier delays,
• incorrect or incomplete delivery information,
• events beyond our reasonable control.

Unless a mandatory delivery period applies under consumer law, a delay in an estimated delivery time does not automatically entitle the customer to compensation.

14. Delivery Address and Failed Delivery

The customer is responsible for providing a complete and accurate delivery address, recipient name, telephone number, and any information required for customs clearance.

If a shipment cannot be delivered because of incorrect information, refusal of delivery, failure to cooperate with customs, failure to collect the shipment, or another circumstance attributable to the customer, the customer may be responsible for reasonable additional shipping, storage, customs, return, or redelivery costs.

Please inspect the shipment at the time of delivery where reasonably possible. Visible transport damage should be reported to the courier and to Powersports-Diag without unnecessary delay. This does not limit any mandatory consumer rights.

15. Transfer of Risk

For consumer orders, risk in the physical goods transfers to the customer when the customer or a person designated by the customer, other than the carrier, receives the goods, except where applicable law provides otherwise.

For business customers, risk may transfer when the goods are handed to the carrier, unless otherwise agreed in writing.

Ownership of physical goods remains with Powersports-Diag until full payment has been received, to the extent permitted by applicable law.

16. Consumer Right of Withdrawal

Consumers who purchase remotely may have a statutory right to withdraw from the contract within 14 days without providing a reason, subject to applicable law and statutory exceptions.

For physical goods, the withdrawal period normally begins on the day after the consumer, or a person designated by the consumer, receives the goods.

To exercise the right of withdrawal, the consumer must send a clear statement of the decision to withdraw before the withdrawal period expires. The statement may be sent to:

Email: support@powersports-diag.com

The consumer may use the model withdrawal form included at the end of these Terms, but use of that form is not mandatory.

17. Exceptions to the Right of Withdrawal

The right of withdrawal may not apply, or may cease to apply, in circumstances permitted by law, including:

• digital content supplied without a physical medium after supply has begun with the consumer’s prior express consent and acknowledgement of the loss of the withdrawal right,
• services that have been fully performed after performance began with the consumer’s prior express request or consent,
• software licences, activation codes, passwords, certificates, or digital access that have already been issued, revealed, activated, used, or linked to a customer or device following the required consent,
• sealed software or sealed digital media that has been unsealed after delivery, where applicable,
• goods made to the customer’s specifications or clearly personalised,
• goods that cannot be returned for health, safety, or technical reasons after being unsealed, where permitted by law.

These exceptions do not affect the customer’s rights where a product or digital service is defective, incorrectly supplied, or not in conformity with the contract.

18. Returns Procedure

Before returning a product, please contact support@powersports-diag.com to obtain return instructions and the correct return address.

Unless the product is defective, incorrectly supplied, or we have agreed otherwise:

• the customer is responsible for the direct cost of returning the product,
• the product must be returned without unnecessary delay and no later than 14 days after notifying us of the withdrawal, where the statutory withdrawal right applies,
• the customer should use secure and trackable shipping,
• the customer remains responsible for the returned product until it is received by us.

Products should be returned with all supplied accessories, cables, manuals, protective materials, and original packaging where reasonably possible.

Please do not send a return to our registered corporate address unless we have specifically instructed you to do so. Returns sent to an unauthorised or incorrect address may be delayed, refused, or subject to additional costs.

19. Condition of Returned Products

A consumer may inspect a product only to the extent necessary to establish its nature, characteristics, and functionality, similar to the inspection that would reasonably be permitted in a physical shop.

If a returned product has been used or handled beyond what is necessary for such inspection, the refund may be reduced to reflect any diminished value, to the extent permitted by applicable law.

The following may result in a reduction of the refund or rejection of a voluntary return where permitted:

• missing parts, cables, accessories, or documentation,
• physical damage, contamination, modification, or signs of improper use,
• removed or damaged serial-number labels, security seals, or identification markings,
• software, licences, or services that have already been activated or consumed,
• damage caused by inadequate return packaging.

20. Refunds

Where a valid consumer withdrawal applies, we will refund the payments received for the relevant order, including the cost of the least expensive standard delivery option offered by us, where required by law.

Additional costs resulting from the customer’s choice of a more expensive delivery method may not be refundable.

We may withhold the refund until:

• the returned goods have been received, or
• the customer provides evidence that the goods have been sent back,

whichever occurs first, except where applicable law requires otherwise.

Refunds are normally made using the original payment method unless another method is expressly agreed.

Banking institutions and payment providers may require additional processing time before the refunded amount appears in the customer’s account.

21. Faulty, Damaged, or Incorrect Products

If you receive a product that is damaged, defective, incomplete, or different from the product ordered, please contact us without unnecessary delay and provide:

• the order number,
• a description of the issue,
• photographs or video where relevant,
• serial numbers, error messages, or diagnostic information where applicable.

We may provide troubleshooting steps or request additional information to determine whether the issue is caused by the product, software configuration, installation, compatibility, vehicle condition, computer system, or another external factor.

Where the product is confirmed to be defective or not in conformity with the contract, available remedies may include repair, replacement, price reduction, or refund, as required by applicable law.

22. Legal Guarantee and Commercial Warranty

Consumers may benefit from a statutory legal guarantee of conformity under applicable consumer law. For goods sold to consumers in the European Union, this generally includes a minimum legal protection period of two years, although national law may provide longer or additional rights.

The legal guarantee applies where goods are defective, do not correspond to their description, or do not provide the qualities and performance reasonably expected under the contract.

Any voluntary commercial warranty offered by Powersports-Diag or a manufacturer is additional to, and does not replace or limit, mandatory statutory consumer rights.

Different warranty terms may apply to business customers, used products, consumable items, accessories, or products subject to a manufacturer’s warranty, as permitted by law and stated in the product description.

23. Warranty Exclusions

To the extent permitted by applicable law, warranty or free remedy coverage may not apply to faults or damage caused by:

• incorrect installation, connection, configuration, or use,
• use with an unsupported vehicle, module, computer, cable, adapter, or software version,
• failure to follow instructions or technical requirements,
• accident, impact, liquid, moisture, excessive heat, electrical damage, or improper storage,
• unauthorised repair, opening, modification, reverse engineering, or tampering,
• damaged or removed serial numbers, identification labels, or security seals,
• malware, unsupported operating systems, third-party software, network failure, or external server availability,
• vehicle defects, low battery voltage, wiring faults, communication problems, or pre-existing control-unit damage,
• normal wear and tear or consumable components.

Nothing in this section excludes liability or remedies that cannot lawfully be excluded.

24. Technical Support

Where included with the product, Powersports-Diag may provide reasonable technical support relating to installation, activation, configuration, connection, and basic use.

Support may be provided by email, written instructions, remote assistance, downloadable materials, or another suitable method.

Technical support does not include, unless expressly agreed:

• vehicle repair or mechanical diagnosis,
• guaranteed recovery of damaged or incorrectly programmed control units,
• manufacturer dealer credentials or authorisation codes,
• unlimited training or workshop consultancy,
• support for unsupported third-party products or modified software,
• performing operations that are unlawful, unsafe, or restricted by a manufacturer.

Support response times are estimates and may vary depending on the complexity of the issue, time zone, language, product type, and availability of technical staff.

25. Safe and Lawful Use

Diagnostic tools and software must be used only by persons with appropriate knowledge, training, authorisation, and understanding of the relevant vehicle systems.

The customer is responsible for:

• following all product, software, and vehicle-manufacturer instructions,
• maintaining stable vehicle and computer power during programming operations,
• creating backups where supported and appropriate,
• confirming that the intended operation is lawful and authorised,
• ensuring that changes comply with road-safety, emissions, insurance, warranty, and regulatory requirements,
• avoiding operations that may damage a vehicle, control module, diagnostic interface, or other property.

Products must not be used for unlawful access, odometer fraud, emissions tampering, theft, circumvention of security systems without authority, unauthorised copying of software, or any other unlawful purpose.

We may refuse technical assistance for activities that appear unlawful, unsafe, fraudulent, or outside the permitted use of the product.

26. Intellectual Property

All content on the Powersports-Diag website, including text, graphics, logos, product descriptions, layouts, images, videos, manuals, and downloadable materials, is owned by Powersports-Diag, licensed to us, or used with appropriate permission, unless otherwise stated.

You may not reproduce, distribute, publish, commercially exploit, modify, scrape, copy, or create derivative works from website content without prior written permission, except where permitted by mandatory law.

Software, firmware, manufacturer documentation, and third-party trademarks remain the property of their respective owners and may be subject to separate licence terms.

27. Prohibited Use of the Website

You must not:

• use the website for unlawful or fraudulent purposes,
• attempt to gain unauthorised access to accounts, servers, systems, or data,
• introduce malware, malicious code, or harmful material,
• interfere with website security, availability, or performance,
• use automated tools to extract website content without permission,
• submit false reviews, false payment information, or misleading customer information,
• use our services to infringe intellectual-property rights or other legal rights.

We may restrict access to the website or take other appropriate action where these rules are breached.

28. Availability of the Website

We aim to keep the website available and accurate, but we do not guarantee uninterrupted or error-free access.

The website may be temporarily unavailable due to maintenance, updates, security measures, technical faults, hosting issues, or circumstances beyond our control.

We may modify, suspend, or discontinue website features, products, or services where reasonably necessary. This does not affect contracts already accepted, except where performance becomes impossible or applicable law permits otherwise.

29. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including mandatory consumer rights and any liability for fraud, fraudulent misrepresentation, or personal injury caused by negligence where such exclusion is prohibited.

To the extent permitted by applicable law, Powersports-Diag is not responsible for losses caused by:

• incorrect, unauthorised, or unsafe use of a product or service,
• incorrect information supplied by the customer,
• vehicle faults, wiring faults, unstable power supply, damaged control modules, or pre-existing technical problems,
• unsupported third-party software, manufacturer restrictions, server outages, or internet failure,
• failure to follow instructions or create available backups,
• events beyond our reasonable control.

For business customers, and to the extent permitted by law, Powersports-Diag will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, or business interruption.

Any limitation of liability will be interpreted only to the extent permitted by applicable law and will not reduce mandatory remedies available to consumers.

30. Indemnity for Business Customers

To the extent permitted by applicable law, a business customer agrees to compensate Powersports-Diag for reasonable losses, claims, liabilities, or costs resulting from the business customer’s unlawful use, unauthorised resale, breach of licence restrictions, infringement of third-party rights, or material breach of these Terms.

This section does not apply to consumers acting outside their trade, business, craft, or profession.

31. Events Beyond Our Control

We are not responsible for delay or failure to perform an obligation caused by circumstances beyond our reasonable control, including natural disasters, war, civil disturbance, government action, sanctions, strikes, transport disruption, customs delays, courier interruption, power failure, telecommunications failure, cyber incidents, supplier failure, or widespread technical outages.

Where such an event materially affects an accepted order, we will take reasonable steps to inform the customer and to resume performance, offer an alternative, or provide an appropriate refund where required.

32. Complaints

If you have a complaint concerning an order, product, service, payment, delivery, or support experience, please contact:

Email: support@powersports-diag.com

Please include your order number, contact information, and a clear description of the issue. We will review the complaint and aim to provide a response within a reasonable period.

Consumers may also have the right to contact a competent consumer-protection authority, alternative dispute-resolution body, or court in accordance with applicable law.

33. Governing Law and Jurisdiction

These Terms and any contract formed through the Powersports-Diag website are governed by the law applicable under the relevant conflict-of-law rules.

If you are a consumer, nothing in these Terms deprives you of the protection of mandatory consumer laws applicable in your country of habitual residence. You may also have the right to bring proceedings before the courts available to you under applicable consumer law.

For business customers, any dispute will be subject to the jurisdiction agreed in writing between the parties or, in the absence of such agreement, the jurisdiction determined under applicable law.

34. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect where legally possible.

35. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.

36. Changes to These Terms

We may update these Terms and Conditions to reflect changes in our products, services, business operations, technology, or legal obligations.

The version applicable to an order is normally the version available when the order was placed, unless a change is required by law or expressly agreed with the customer.

The latest version will be published on this page together with the updated date.

37. Contact

If you have questions about these Terms and Conditions, please contact us:

Powersports-Diag / Intercoding INC
Email: support@powersports-diag.com
Phone: +1 302 231 2006