ECU Tuning Terms & Conditions

§ Definitions

“TUNINGBOT”

means the website, platform, brand, and service operator through which the Services are requested, processed, delivered, supported, and recorded.

“Service”

means the customized professional technical data processing performed by TUNINGBOT on User-submitted files, including ECU-related technical data processing and related custom file work.

“User”

means any individual, company, workshop, professional operator, representative, or other entity submitting files, purchasing Services, communicating through Tickets, downloading Processed Files, or using the platform.

“Business User”

means a User acting for purposes relating to that User’s trade, business, craft or profession. Technical interest, motorsport use or a checkout declaration alone does not remove any legally applicable consumer status.

“Consumer User”

means a User who is legally recognized as a consumer under mandatory applicable law. Mandatory consumer rights that cannot legally be waived remain unaffected.

“Ticket”

means the official support channel automatically created for each order and used for communication, clarification, evidence exchange, delivery, correction requests, and support.

“Processed File”

means the customized file generated, modified, checked, or technically processed by TUNINGBOT based on the specific file and information submitted by the User.

“Task Priority”, “Priority Service”, “Urgent Task”, or similar wording

means an optional processing-speed priority applied within the available processing queue during TUNINGBOT’s Published Working Hours.

“Published Working Hours”

means the working hours, opening status, closure notices, availability notices, or operational information displayed on the website, order page, checkout flow, ticket system, or otherwise communicated by TUNINGBOT.

“Objective Technical Evidence”

means verifiable technical information reasonably sufficient to assess an alleged issue, including diagnostic reports, fault codes, software error messages, programming logs, checksum reports, tool logs, screenshots, or other technical proof.

“Platform Credit”

means an internal balance issued under Section 5 for future technical processing Services, subject to the validity, use and mandatory exceptions in Sections 5.6 and 6.9. It is not a monetary refund.

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1 Services, Scope, and Acceptance

1.1. TUNINGBOT provides professional custom technical data processing Services performed exclusively on digital files voluntarily submitted by the User. The Services consist of analysis, calibration-related processing, checking, correction, and/or technical modification of digital data based on files and information provided by the User. The Services do not constitute the sale of standardized digital products.

1.2. TUNINGBOT accepts orders exclusively from Business Users acting for purposes relating to their trade, business, craft or profession. This requirement applies to all purchases on tuningbot.com, including file processing services, hardware, software, licences, activations and subscription renewals. Before placing an order, the User must expressly confirm that the purchase is for their business or professional activity and that they are authorised to act for the purchasing business, where applicable. Purchases for personal or consumer use are not permitted. Mandatory rights that cannot lawfully be excluded remain unaffected, as provided in Section 6.9.

1.3. This Agreement applies worldwide to the maximum extent permitted by applicable law. If any local mandatory law grants non-waivable rights, those rights prevail only to the minimum extent required by such law, and the remaining provisions of this Agreement continue to apply.

1.4. Before payment, the User must review and actively accept this Agreement and the checkout terms presented for the order. The accepted version and confirmation are associated with that order. Subsequent Ticket communications, downloads or use may evidence delivery or performance but do not retrospectively establish acceptance of terms not presented before the order.

1.5. The User confirms that all order data, vehicle data, ECU data, file data, technical notes, selected options, billing data, and contact information submitted to TUNINGBOT are accurate, complete, lawful, and provided voluntarily.

1.6. TUNINGBOT may amend this Agreement. A revised version takes effect upon actual publication and applies only to new orders placed after publication and acceptance of that version. Changes do not retrospectively alter existing orders, issued credits or disputes. Continued correspondence or use relating to an existing order does not constitute acceptance of revised terms for that order.

1.7. If the User does not agree with any part of this Agreement, the User must not submit files, place orders, complete payment, or use the Services.

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2 Orders, Tickets, Delivery, and Priority Processing

2.1. TUNINGBOT Services do not require user account registration. Orders and communications may be managed through website forms, payment records, email notifications, and the official Ticket system.

2.2. When the User submits an order or service request through the website form, a support Ticket is automatically created. The Ticket is the official channel for service processing, technical communication, delivery, correction requests, evidence exchange and support. This does not restrict statutory complaints, legal notices or external remedies.

2.3. Before submitting an order, the User is responsible for reviewing the selected Service, selected options, price, uploaded file, technical notes, compatibility, and order details. The User must review the published compatibility requirements and obtain written clarification before payment where support is not listed or is unclear. This does not exclude compatibility or functionality expressly agreed by TUNINGBOT for the order.

2.4. The User expressly requests immediate processing through the checkout confirmation, subject to payment and any necessary technical clarification. Where a statutory withdrawal period applies to a service, early performance requires the User’s prior express request, and loss of that right upon full performance requires the acknowledgements and formalities prescribed by applicable law. Payment or the start of processing alone does not extinguish mandatory rights. Where the transaction is legally classified as digital content or a digital service, the corresponding mandatory consent, confirmation and remedy rules apply. Commercial cancellations are governed by Section 5.

2.5. Each Service is individually executed based on the specific file and information provided by the User. The output is not a generic digital product and is not reusable for purposes, files, vehicles, ECUs, tools, software versions, or technical cases other than those for which it was requested.

2.6. Delivery occurs when the Processed File is uploaded and made available within the related support Ticket. The Service is fully performed when the agreed technical processing and any expressly agreed checks or deliverables have been completed and delivered. Delivery records evidence delivery; correction obligations and mandatory conformity rights remain unaffected.

2.7. System timestamps, form submission records, IP address records, selected service options, uploaded file references, acceptance checkbox records, Agreement version records, payment confirmation records, Ticket history, email notification records, upload logs, access logs, download records, and other technical tracking records may constitute objective proof of order submission, acceptance, execution, delivery, receipt, and/or availability of the Processed File.

2.8. The User is responsible for monitoring the Ticket and responding promptly to requests for additional information, clarification, files, screenshots, logs, or Objective Technical Evidence. Failure to respond may delay processing, prevent correction, or make resolution impossible.

2.9. Task Priority and Urgent Processing. Any Task Priority, Priority Service, Urgent Task, “almost real time”, or similar processing-speed option applies only during TUNINGBOT’s Published Working Hours, when the Service is operational and operators are available. Such options are not active when TUNINGBOT is closed.

2.10. Task Priority means priority handling within the available processing queue. It does not constitute an unconditional guaranteed delivery time and does not override closure notices, Published Working Hours, technical feasibility, payment verification, queue conditions, file complexity, missing information, or operational availability.

2.11. Orders submitted while TUNINGBOT is closed, including outside Published Working Hours, will be handled during the next available working period unless, exceptionally and without obligation, an operator is available earlier. Any exceptional processing outside working hours does not create a precedent, guarantee, representation, or future obligation for TUNINGBOT.

2.12. If a Task Priority option is selected while TUNINGBOT is closed, such priority applies when the Service becomes operational again and processing can begin. Submission outside working hours does not, by itself, entitle the User to a discretionary refund where the Service and purchased priority are subsequently performed as agreed. Sections 5 and 6.9 remain applicable.

2.13. Requests to speed up processing without selecting and paying for the applicable Task Priority option, where available, may not be considered. Any priority-related request remains subject to Published Working Hours, operational availability, technical feasibility, and queue conditions.

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3 User Responsibilities, Lawful Use, and Intellectual Property

3.1. The User is solely responsible for all content submitted, uploaded, transmitted, or processed through TUNINGBOT Services and must ensure that such content complies with applicable laws and third-party rights, including intellectual property, confidentiality, data protection, authorization, and lawful-use obligations.

3.2. The User is solely responsible for ensuring that any requested Service, Processed File, implementation, installation, programming, flashing, testing, use, road use, off-road use, motorsport use, export use, repair use, diagnostic use, emissions-related use, or other practical use is lawful in the User’s jurisdiction and intended context.

3.3. Any Service request involving emissions systems, diagnostic functions, immobilizer-related functions, security-related functions, performance changes, speed limits, torque limits, readiness functions, or any regulated vehicle function is accepted only on the basis that the User confirms a lawful purpose and assumes full responsibility for compliance with all applicable laws and regulations.

3.4. TUNINGBOT may refuse, suspend, or reject any request that appears unsupported, unsafe, unlawful, abusive, technically inconsistent, incomplete, misleading, or outside the platform’s operational scope.

3.5. By using the Services, the User grants TUNINGBOT a non-exclusive, royalty-free license to process, store, reproduce, technically analyze, and technically modify submitted content as required to deliver the Service, maintain operations, provide support, keep service records, verify disputes, improve the platform, and comply with legal or payment-processing requirements.

3.6. The User must not:

• Violate applicable laws or third-party rights;
• Submit files or information that the User is not authorized to use or process;
• Impersonate any person or entity, or misrepresent authority;
• Attempt to bypass restrictions, licensing systems, security measures, legal requirements, or access controls, or assist others in doing so;
• Use the Services for unlawful, abusive, fraudulent, harmful, unsafe, or unethical purposes;
• Submit false, misleading, incomplete, or technically inaccurate information in order to obtain a Service, correction, credit, refund, chargeback, or dispute advantage.

3.7. All materials available through TUNINGBOT Services — including software, databases, workflows, processes, technical know-how, text, graphics, layouts, service descriptions, and other content — are protected by intellectual property laws. All rights not expressly granted remain the property of TUNINGBOT or the respective rights holders.

3.8. TUNINGBOT may apply reasonable technical or operational limits, including file size, file type, storage duration, processing capacity, usage frequency, ticket volume, security controls, and automated access restrictions, to protect service integrity, platform performance, security, and operational continuity.

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4 Technical Disclaimer and Limitation of Liability

4.1. TUNINGBOT provides exclusively a custom technical data processing Service. Implementation, installation, flashing, programming, testing, use, road use, off-road use, motorsport use, emissions compliance, diagnostics, and practical application of the Processed File remain under the sole responsibility of the User.

4.2. Final results may depend on hardware conditions, software versions, tool compatibility, reading/writing methods, prior modifications, file history, ECU condition, vehicle condition, mechanical condition, electrical condition, equipment configuration, updates, local laws, regulatory requirements, third-party changes, or other factors beyond TUNINGBOT’s control.

4.3. TUNINGBOT performs the agreed technical processing with reasonable professional care and skill. No additional vehicle-level, performance, mechanical, diagnostic, regulatory or compatibility outcome beyond the agreed service scope is guaranteed unless expressly committed to in writing for the specific order. This does not exclude agreed file functionality, binding service descriptions or mandatory conformity obligations. Relevant prerequisites and specific written commitments form part of the order.

4.4. Any service-related issue should be reported through the support Ticket associated with the order, with Objective Technical Evidence where reasonably available. General statements alone may not establish a technical defect; TUNINGBOT may request relevant clarification and will assess the available evidence reasonably. Inability to provide a particular document does not automatically invalidate a claim.

4.5. The User acknowledges that technical data processing may require cooperation, clarification, additional files, logs, diagnostic information, programming information, tool information, or correction attempts. The User must allow a reasonable opportunity to review and address the issue through the Ticket system, subject to Sections 5.2 and 6.9.

4.6. TUNINGBOT does not guarantee uninterrupted access to the website, forms, tickets, email notifications, payment systems, or processing tools. Temporary unavailability, maintenance, technical failures, security controls, third-party outages, or force majeure events do not create liability except where mandatory applicable law provides otherwise.

4.7. To the maximum extent permitted by applicable law, TUNINGBOT’s total liability for a specific Service shall not exceed the amount actually paid for that specific Service. TUNINGBOT shall not be liable for indirect, incidental, consequential, punitive, loss-of-profit, loss-of-business, downtime, third-party cost, vehicle recovery, workshop, diagnostic, legal, regulatory, mechanical, electrical, or consequential technical costs unless liability cannot be excluded under mandatory applicable law.

4.8. The User acknowledges that modifying a vehicle’s ECU, TCU, or related control-unit calibration may void, reduce, or otherwise affect the manufacturer’s or dealer’s warranty, type approval, or roadworthiness status, and that TUNINGBOT makes no representation regarding the continued validity of any such warranty or approval. The User is responsible for verifying these implications before requesting or implementing a Service.

4.9. The User is responsible for competent installation, programming, testing and use under appropriate conditions. To the maximum extent permitted by applicable law, TUNINGBOT is not liable for damage caused by improper implementation or external conditions beyond its control. This allocation of responsibility does not establish an external cause without supporting evidence and remains subject to Section 6.9.

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5 Corrections, Credits, Refund Exclusions, and Disputes

5.1. All Services constitute customized professional technical work requested by the User. After payment, TUNINGBOT does not offer voluntary monetary refunds. Any commercial cancellation, discretionary reimbursement or goodwill allowance approved by TUNINGBOT is issued exclusively as Platform Credit, subject to Section 6.9. This applies to requests arising from change of mind, incorrect selection or a service no longer required. Payment alone does not establish full performance. Technical issues are addressed under Sections 5.2 to 5.5; mandatory monetary remedies and payment errors are governed by Section 6.9.

5.2. The User must report an alleged technical issue within thirty (30) days of delivery (the 30-day warranty period), and supply reasonably available diagnostic reports, fault codes, programming logs, screenshots or other relevant evidence. This warranty period does not shorten mandatory claim periods. TUNINGBOT has a reasonable opportunity to review and correct defective processing without an additional processing fee, unless applicable law permits another remedy without further attempts. Review and correction must take place within a reasonable time and, where legally required, without significant inconvenience; repeated unsuccessful attempts do not create an unlimited right to continue correction.

5.3. The User agrees to reasonably cooperate by providing relevant technical information. Missing information, third-party modifications or changes after delivery may affect verification or correction only to the extent relevant to the reported issue. Such circumstances do not automatically exclude an unrelated claim. External causes are assessed against available evidence and the agreed service scope.

5.4. Corrections relate to the original order and agreed technical scope. New services, different vehicles or ECUs, or a changed technical objective may require a separate order. Additional files or information needed to correct TUNINGBOT’s performance of the original scope do not, by themselves, constitute a new chargeable service.

5.5. If TUNINGBOT confirms that an ordered Service cannot be completed, or that a technical defect attributable to its processing cannot reasonably be corrected, TUNINGBOT will issue Platform Credit equal to the amount paid for the affected Service as the exclusive contractual financial remedy, only where legally permitted and subject to Section 6.9. For separately priced Services, the credit covers the affected Service; it covers the whole order where the remaining work has no independent agreed use. No additional purchase is required to receive the credit. Any monetary remedy that cannot lawfully be replaced by credit remains available under Section 6.9.

5.6. Platform Credits are non-transferable, non-withdrawable and not convertible into cash, subject to Section 6.9. They are denominated in the original order currency and usable exclusively for future TUNINGBOT technical processing Services, not hardware. Credit is valid for 180 calendar days from the date it is both available for use and notified to the User by email; the later date controls. The notice states the amount, currency, redemption instructions and exact expiry date and time in UTC. To redeem, contact TUNINGBOT with the original Ticket reference before paying for the new order. Credit may be used across multiple orders. No extra payment or redemption fee is required where the balance covers the new order; any excess is payable at the price disclosed before ordering. Unused balances retain their original expiry. A request received before expiry preserves the amount requested while it is processed. Validity is extended for any period in which redemption is prevented by a TUNINGBOT platform or administrative failure, and any mandatory longer validity prevails. Allocation alone is not acceptance of a disputed settlement or a waiver of rights.

5.7. Subject to Sections 5.5 and 6.9, the following circumstances do not, by themselves, entitle the User to a discretionary credit or monetary refund where TUNINGBOT has correctly performed the agreed work. Any effect on a technical claim must be relevant to causation, verification or correction:

• Incorrect file submission;
• Incomplete, outdated, inaccurate, unsupported, or misleading information provided by the User;
• Failure to verify service coverage, legal use, or compatibility before ordering;
• Change of mind or statement that the file is no longer needed after execution or delivery;
• Submission of the wrong ECU, wrong vehicle, wrong software version, wrong tool read, or wrong technical case;
• Third-party modifications, writing attempts, software changes, tool operations, or file changes after delivery;
• External technical, mechanical, electrical, diagnostic, regulatory, legal, or equipment conditions beyond TUNINGBOT’s control;
• Subjective dissatisfaction without an objectively documented technical defect directly attributable to TUNINGBOT;
• Failure to cooperate with reasonable technical verification or correction requests;
• Orders submitted while TUNINGBOT is closed where the Service is later processed and delivered according to this Agreement;

5.8. The User should first report concerns through the original Ticket and allow a reasonable opportunity for review and correction, subject to applicable law. This does not require the User to miss a bank, payment-provider, regulatory or court deadline or prevent access to any remedy that cannot lawfully be restricted.

5.9. Knowingly false statements, fabricated evidence or material misrepresentations concerning an order may be addressed through the applicable contractual or legal process. A good-faith complaint, payment dispute or rejection of a credit proposal is not, by itself, a contractual breach and does not automatically forfeit a claim or credit. No administrative penalty arises merely from exercising a lawful right of complaint or dispute.

5.10. If a payment processor, card issuer, bank or dispute-resolution provider requests evidence, TUNINGBOT may provide relevant and accurate order records, accepted terms, timestamps, file delivery records and Ticket correspondence, including the reported issue and corrective attempts. These records are subject to the applicable review process; this Agreement does not bind a payment provider to decide a dispute in TUNINGBOT’s favour.

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6 Final Provisions

6.1. Agreement Version and Acceptance Record. The version presented and accepted before payment governs that order. TUNINGBOT records the version identifier, acceptance timestamp, checkout confirmations and relevant order references, retains a copy of the accepted terms, and provides a retainable contract confirmation by email or another legally sufficient durable medium. A subsequently editable webpage is not the sole record of the accepted contract. Order-specific terms will be made available on request from the retained records. The current revision is identified as TB-UA-2026-09-16-B2B-1; its application is prospective under Section 1.6.

6.2. Data Processing. Personal and technical data submitted through the platform are processed in accordance with TUNINGBOT’s Privacy Policy, available on the website. By using the Services, the User acknowledges that personal and technical data are processed as described in the Privacy Policy. (See: Privacy Policy)

6.3. Storage and Availability. TUNINGBOT retains submitted files, Processed Files, Tickets and technical records according to operational needs, legal obligations, dispute requirements and the Privacy Policy. Relevant acceptance and transaction records are preserved for applicable retention periods and while needed for an unresolved dispute; routine deletion does not override those requirements. The User is responsible for saving and backing up delivered files after delivery.

6.4. Language. This Agreement is provided in English. Any translation, summary, website note, ticket explanation, or informal communication in another language is provided for convenience only. In case of conflict, the English version of this Agreement controls to the maximum extent permitted by applicable law.

6.5. Entire Agreement. This Agreement, the accepted checkout terms, the selected Service description and any service-specific written commitments agreed for the order constitute the contract for that Service, together with any other information incorporated as required by law. Expressly agreed service-specific commitments prevail over a conflicting general description. Subsequent Ticket communications may clarify or validly vary the order but do not unilaterally remove existing rights or commitments.

6.6. Severability. If any provision is held invalid, unlawful, or unenforceable in any jurisdiction, that provision shall apply to the maximum extent legally permitted and shall not affect the validity or enforceability of the remaining provisions.

6.7. No Waiver. Failure by TUNINGBOT to enforce any provision does not constitute a waiver of future enforcement of that provision or any other provision.

6.8. Governing Law and Jurisdiction. The contracting seller’s legal name, registered address, registration and applicable tax details must be identified before payment in the order information or legal notice and included in the transaction confirmation. Where a governing law and competent court are expressly identified and validly agreed before payment, that choice applies only to the extent legally permitted. Otherwise, applicable law and jurisdiction are determined by the relevant legal rules. Mandatory consumer protections and jurisdiction rights remain unaffected. The TUNINGBOT brand name alone does not identify a particular legal entity or jurisdiction.

6.9. Mandatory Rights. Nothing in this Agreement excludes rights, remedies or liabilities that cannot lawfully be excluded, including applicable rights relating to withdrawal, non-performance, conformity, termination or price reduction. Where a monetary refund is legally required, TUNINGBOT will provide it within the required time and through the legally required method. Credit may replace that refund only where permitted and freely agreed; acceptance of this Agreement alone is not such a subsequent election. Duplicate payments, overcharges, payments not owed and unauthorized transactions are corrected through the applicable monetary repayment or payment-provider process, not automatically converted into credit. Liability for fraud, wilful misconduct, gross negligence or other non-excludable liability is not limited where prohibited by applicable law. This Section prevails over any conflicting refund exclusion, credit condition or liability limitation in this Agreement.

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