Terms of service

Terms of Service

Last updated: [Date]

1. Introduction and Acceptance

Welcome to TweakingGuy ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our PC optimization services provided through tweakingguy.com and constitute a legally binding agreement between you ("Customer," "you," or "your") and TweakingGuy.

By purchasing, booking, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Company Information

TweakingGuy
Maciej Chmielowski
Münchener Str. 70
85737 Ismaning, Germany
Email: thetweakingguy1@gmail.com
Telephone: +4917664194159
VAT-ID: DE366485412

3. Services Description

We provide remote PC optimization services designed to enhance gaming performance through:

  • BIOS/UEFI configuration optimization
  • Windows system settings adjustment
  • Hardware driver optimization
  • Network configuration improvements
  • System registry modifications
  • Performance monitoring and testing

Our services are delivered remotely via screen-sharing software during scheduled sessions.

4. Booking and Payment

4.1 Service Purchase

  • All services must be paid in full before the scheduled session
  • Payment confirms your booking and acceptance of these Terms
  • We accept payments through our authorized payment processors

4.2 Pricing

  • All prices are displayed in EUR and include applicable VAT where required
  • Prices may change without notice for future bookings
  • Your confirmed booking price remains fixed regardless of subsequent price changes

5. Scheduling and Session Management

5.1 Session Scheduling

  • Sessions are scheduled by mutual agreement between you and TweakingGuy
  • You will receive confirmation of your scheduled session date and time
  • Sessions typically last 2-4 hours depending on system complexity

5.2 Session Attendance

  • You must be present and available during the entire scheduled session
  • Late Arrival Policy: If you are more than 30 minutes late to your scheduled session without prior notice and agreement from us, the session will be considered completed and fulfilled
  • No refund or rescheduling will be provided for missed sessions due to late arrival

5.3 Technical Requirements

  • Stable internet connection (minimum 10 Mbps upload/download)
  • Administrative access to your PC
  • Compatible remote access software as directed by us
  • Ability to download and install required optimization files

6. Cancellation and Rescheduling Policy

6.1 Rescheduling

  • Free Rescheduling: You may reschedule your appointment free of charge if you notify us more than 24 hours before your scheduled session
  • Rescheduling requests must be made via email to thetweakingguy1@gmail.com
  • You may reschedule only once per booking
  • Rescheduling within 24 hours of the session is not permitted

6.2 Cancellation Fees

  • 24-48 Hours Before Session: If you wish to cancel your session between 24 and 48 hours before it is scheduled, a cancellation fee of €30 will be charged
  • Less Than 24 Hours Before Session: Cancellations made less than 24 hours before the session will incur a fee equivalent to 90% of the session cost due to the high demand for our services
  • Within 12 Hours: No cancellations will be accepted within 12 hours of the session
  • All cancellation requests must be made via email to thetweakingguy1@gmail.com

6.3 Cancellation Fee Processing

  • Cancellation fees will be automatically deducted from your original payment
  • The remaining balance (if any) will be refunded to your original payment method within 5-10 business days
  • For cancellations requiring 90% fee, only 10% of the session cost will be refunded

6.4 Emergency Situations

  • In case of genuine emergencies (medical, family, etc.), we may consider exceptions to the cancellation policy at our sole discretion
  • Documentation may be required to verify emergency situations
  • Emergency exceptions do not guarantee fee waivers but will be evaluated case-by-case

7. No Refund Policy

IMPORTANT: All services are NON-REFUNDABLE once the optimization session has been completed. This includes:

  • Completed optimization sessions
  • Missed sessions due to customer absence or late arrival
  • Customer dissatisfaction with results
  • Technical issues on the customer's end preventing service completion
  • Change of mind or circumstances

This policy is in accordance with EU Consumer Rights Directive Article 16(m) for digital services fully performed with consumer consent.

8. Warranty and Support

8.1 Limited 14-Day Warranty

We provide a 14-day warranty from the date of service completion, subject to the following conditions:

Warranty Coverage:

  • PC crashes directly attributable to our optimization changes
  • System instability caused by our modifications
  • Technical support for optimization-related issues

Warranty Conditions:

  • The warranty is valid ONLY if your system remains in the same state as after our optimization
  • Any changes, modifications, or installations made by you or third parties void this warranty
  • The warranty covers our time and support, not hardware replacement or data recovery
  • Warranty claims must be reported within 14 days of service completion

Warranty Exclusions:

  • Hardware failures unrelated to our optimization
  • Issues caused by malware, viruses, or security breaches
  • Problems resulting from software installations after our service
  • System changes made by the customer or third parties
  • Normal wear and tear or age-related hardware degradation

8.2 Warranty Claim Process

To claim warranty support:

  1. Contact us immediately at thetweakingguy1@gmail.com
  2. Provide detailed description of the issue
  3. Confirm no changes have been made to the system since optimization
  4. Allow remote access for diagnosis and resolution

9. Customer Responsibilities

9.1 Pre-Service Requirements

  • Create a complete backup of all important data before the session
  • Ensure your PC meets minimum system requirements as advised
  • Provide administrative access and necessary permissions
  • Disable antivirus software during the session if requested
  • Be available for the entire duration of the scheduled session

9.2 Post-Service Responsibilities

  • Maintain system in optimized state to preserve warranty coverage
  • Report any issues within the 14-day warranty period
  • Follow our recommendations for system maintenance
  • Notify us before making significant system changes

10. Limitation of Liability

10.1 Service Limitations

  • We do not guarantee specific performance improvements due to hardware and software variables
  • Results may vary based on individual system configurations
  • Some optimizations may not be compatible with all software or games

10.2 Liability Exclusions

TweakingGuy shall not be liable for:

  • Data loss or corruption (customer must backup data)
  • Hardware damage or failure
  • Software incompatibilities discovered after optimization
  • Indirect, consequential, or incidental damages
  • Loss of profits, data, or business opportunities
  • Third-party software or hardware issues

10.3 Maximum Liability

Our total liability is limited to the amount paid for the service, not exceeding €149.

11. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Internet connectivity issues
  • Power outages or technical infrastructure failures
  • Natural disasters or government actions
  • Pandemics or public health emergencies

12. Intellectual Property

12.1 Our IP Rights

  • All optimization methods, scripts, and techniques remain our intellectual property
  • You receive a license to use optimizations on your specific system only
  • You may not reverse engineer, distribute, or commercialize our methods

12.2 Customer Data

  • You retain ownership of your data and system configurations
  • We may collect anonymized performance data for service improvement
  • We will not access personal files or data unrelated to optimization

13. Privacy and Data Protection

Our handling of your personal data is governed by our Privacy Policy, which complies with GDPR and German data protection laws. By using our services, you consent to data processing as described in our Privacy Policy.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by German law and EU regulations where applicable.

14.2 Jurisdiction

Any disputes will be resolved in the courts of Germany, with German law governing the interpretation of these Terms.

14.3 Mediation

Before pursuing legal action, parties agree to attempt resolution through good faith negotiation for 30 days.

15. Consumer Rights (EU/Germany)

15.1 Right of Withdrawal

Under EU Consumer Rights Directive, you have 14 days to withdraw from this contract. However, you expressly agree that we may begin service delivery before the withdrawal period expires. If you withdraw after service completion, you must pay for services already provided.

15.2 Digital Services

You acknowledge that our service is fully digital and performed with your express consent, which may exclude the right of withdrawal under Article 16(m) of the Consumer Rights Directive.

16. Modification of Terms

16.1 Updates

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last updated" date.

16.2 Notification

For material changes, we will notify customers via email or website notice at least 30 days before changes take effect.

16.3 Continued Use

Continued use of our services after modifications constitutes acceptance of updated Terms.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TweakingGuy regarding our services.

19. Contact Information

For questions about these Terms or our services:

Email: thetweakingguy1@gmail.com
Phone: +4917664194159
Address: Münchener Str. 70, 85737 Ismaning, Germany

20. Acknowledgment

By purchasing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Important Notice: This is a legally binding contract. Please read carefully before purchasing our services. If you have questions, contact us before completing your purchase.