ECU Tuning Terms and Conditions
TuningBot User Agreement

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 any User acting for trade, business, workshop, professional, technical, commercial, motorsport, testing, repair, resale, or operational purposes.

“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 non-transferable internal credit usable exclusively for future Services on the platform and not convertible into cash.

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. The Services are primarily intended for automotive operators, workshops, technical professionals, Business Users, and users acting within technical or professional activity.
If a User acts as a Consumer User, any mandatory consumer protection rights that cannot lawfully be excluded remain unaffected.

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. By submitting an order or file, completing payment, checking any acceptance box, communicating through the Ticket, downloading or using a Processed File, or otherwise using any Service, the User confirms acceptance of this Agreement and confirms that the User has had the opportunity to review, store, and reproduce these terms before completing 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 at any time.
Updates take effect upon publication on the website.
Changes apply to orders placed after publication.
Continued use of the Services after publication constitutes acceptance of the updated terms.

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.

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 and exclusive channel for service processing, communication, clarification, delivery, correction requests, evidence exchange, and support related to that request.

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 confirms having independently verified before ordering that the requested Service is available, supported, and compatible with the file, ECU, vehicle, tool, software, or technical case submitted.

2.4. By submitting a file and completing payment, the User expressly requests immediate execution of the customized Service.
Where any statutory withdrawal, cancellation, or cooling-off period may apply, the User gives prior express consent for performance to begin before the end of such period and acknowledges that, once the Service has been fully performed, the right of withdrawal may be lost or restricted to the maximum extent permitted by applicable law.
Due to the customized, technical, and digital nature of the Service, execution cannot be reversed once started.

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. The Service is considered fully performed when the Processed File is uploaded and made available within the related support Ticket.
Delivery through the Ticket constitutes delivery of the customized Service output.

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.
The fact that an order was submitted while TUNINGBOT was closed does not create any entitlement to refund, cancellation, or chargeback where the customized Service is later processed and delivered according to this Agreement.

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.

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.

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. No commercial, performance, drivability, mechanical, regulatory, emissions, diagnostic, compatibility, legal, or compliance result is guaranteed unless expressly stated in writing by TUNINGBOT for that specific Service.

4.4. Any service-related issue must be reported via the support Ticket associated with the order and must include Objective Technical Evidence where reasonably available.
Unsupported or generic statements are not sufficient to establish a technical defect.

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 TUNINGBOT reasonable time to review and address any objectively documented issue through the Ticket system.

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.

5. Corrections, Credits, Refund Exclusions, and Disputes

5.1. All Services provided by TUNINGBOT constitute customized professional technical work performed upon the User’s request and are not comparable to standard digital goods.
Once processing has begun or the Processed File has been delivered via the support Ticket, the Service is considered executed and cannot be cancelled, returned, or refunded merely because the User no longer needs the file, changed their mind, ordered by mistake, selected the wrong service, submitted an incorrect file, failed to verify compatibility before ordering, or expected a different result not expressly guaranteed in writing, to the maximum extent permitted by applicable law.

5.2. In the event of an objectively verifiable technical issue directly attributable to TUNINGBOT and reported within thirty (30) days of payment, TUNINGBOT retains the priority right to analyze and correct the file.
Generic statements such as “not working”, “unreadable”, “not needed”, “late”, “not as expected”, “not useful anymore”, or similar unsupported claims are not sufficient unless accompanied by Objective Technical Evidence, such as fault codes, diagnostic reports, software error messages, programming logs, checksum reports, tool logs, screenshots, or other verifiable technical information.

5.3. The User agrees to reasonably cooperate by providing the technical information required to verify and address the issue.
Failure to provide requested evidence, failure to cooperate, use of third-party modified files, further writing attempts, or changes made after delivery may prevent verification and correction.

5.4. Correction requests are limited to the same file, same order, same technical scope, and same original request.
New requests, changed files, different vehicles, different ECUs, different software versions, different tools, additional services, or different technical objectives may require a new order.

5.5. If a technical defect directly attributable to TUNINGBOT has been objectively confirmed through the Ticket system and cannot be reasonably corrected after an additional processing attempt, TUNINGBOT may issue a Platform Credit of equal value as the contractual remedy, where legally permitted.

5.6. Platform Credits are non-transferable, non-withdrawable, not convertible into cash, and may be used exclusively for future Services on the platform.
Platform Credit does not constitute a monetary refund.

5.7. No credit or refund is provided in cases including but not limited to:

• 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;
• Payment dispute, chargeback, reversal, or external claim initiated before allowing TUNINGBOT reasonable time to review the issue through the Ticket system.

5.8. The User agrees to use the official Ticket system to report any issue and to allow TUNINGBOT reasonable time for review and response before initiating any external payment dispute, chargeback, reversal, complaint, or claim, except where mandatory applicable law does not allow such requirement.

5.9. Initiating a payment dispute without a prior internal resolution attempt, misrepresenting the order timeline, omitting the fact that the Processed File was delivered, falsely claiming non-delivery, or submitting materially false or unsupported technical claims may constitute contractual breach and may result in suspension of service access and recovery of administrative costs where legally permitted.

5.10. If a payment processor, card issuer, bank, or dispute-resolution provider requires proof of performance or delivery, TUNINGBOT may submit order records, Ticket history, timestamps, uploaded file references, Processed File delivery records, email records, IP records, acceptance records, access records, download records, and any other relevant technical or transactional evidence.

6. Final Provisions

6.1. Agreement Version and Acceptance Record.
The version of this Agreement in effect at the time of order placement governs that specific transaction.
TUNINGBOT may record the timestamp, Agreement version date, form submission data, selected options, IP address, checkbox acceptance, uploaded file references, payment confirmation, and Ticket details at the time of acceptance as proof of the contractual terms agreed upon by the User.

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 may retain or delete submitted files, Processed Files, Tickets, and technical records according to operational needs, security requirements, legal obligations, payment-dispute requirements, and the Privacy Policy.
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, together with the order form, checkout confirmation, accepted disclaimer, Privacy Policy reference, Ticket history, and any service-specific written instructions accepted by TUNINGBOT, constitutes the agreement between the parties regarding the specific Service and supersedes prior or inconsistent communications relating to the same Service.

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.
To the maximum extent permitted by applicable law, this Agreement is governed by the law of TUNINGBOT’s legal establishment as identified in official transaction records, invoices, or legally required notices, without prejudice to any mandatory consumer protection rules that cannot lawfully be waived.
For Business Users, disputes shall be submitted to the competent court determined by TUNINGBOT’s legal establishment, unless mandatory applicable law requires otherwise.
Consumer Users retain any mandatory jurisdiction rights granted by applicable consumer protection law.

6.9. Mandatory Rights.
Nothing in this Agreement limits or excludes rights, remedies, warranties, liabilities, or protections that cannot be limited or excluded under mandatory applicable law.
Where a provision is restricted by mandatory law, it shall apply to the maximum extent legally permitted.