Service Terms
Terms, Conditions & Release of Liability
Please read carefully before authorizing service.
- Performance tuning is carried out at your own risk and can increase stress on — or cause failure of — the engine, drivetrain, and related components.
- Results depend on your vehicle's mechanical condition and parts combination; failures arising from those causes are not the tuner's responsibility.
- Services and calibrations are provided "as is," with no warranty and no guaranteed power, performance, or reliability outcome.
- You are solely responsible for emissions and legal compliance and for the intended use of any calibration.
- Tuning may void or limit some or all of your vehicle manufacturer's warranty.
- Total liability is limited to the amount you paid for the specific service.
- All calibration data is licensed, not sold — it remains the property of HPDash, LLC and may not be copied, extracted, reverse-engineered, or reused.
Read the Full Terms, Conditions & Release of Liability
- Assumption of Risk — Aftermarket Performance Tuning. Aftermarket performance tuning and engine calibration are performed at the Customer's own risk. Modifying a vehicle's factory calibration and adding performance modifications inherently increases stress on the engine, drivetrain, and related systems and can result in accelerated wear, reduced reliability, or sudden and catastrophic failure of components — including but not limited to the engine, transmission, driveline, turbocharger or supercharger, fuel system, and electronics. Customer acknowledges that performance tuning is inherently risky and voluntarily assumes all such risks.
- Vehicle Combination & Mechanical Condition. The result of any custom tune depends heavily on the specific combination of parts, supporting modifications, fuel type and octane, quality of installation, and the overall mechanical health of the vehicle — the majority of which are outside the Tuner's control and are the responsibility of the Customer and the shop performing the physical work. The Tuner does not inspect, verify, or warrant the mechanical condition, assembly, or component selection of the vehicle. Pre-existing conditions, worn or defective parts, improper assembly or installation, inadequate supporting modifications, marginal or incorrect fuel, or an otherwise unsuitable combination can cause failure during or after tuning that is unrelated to the calibration. Failures arising from such mechanical or combination-related causes are not the responsibility of the Tuner.
- No Warranty. All tuning services and associated calibration files are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Tuner does not warrant that any calibration will achieve any specific power figure, performance, fuel economy, drivability, or reliability outcome.
- Limitation of Liability. To the maximum extent permitted by law, in no event shall HPDash, LLC, its owners, employees, agents, or affiliated tuners be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of use, lost profits, towing, rental, downtime, diminished value, or damage to the vehicle or any component thereof, arising out of or related to the tuning services, hardware, or calibration, whether based in contract, tort, negligence, strict liability, or otherwise. The total aggregate liability of the Tuner for any and all claims arising out of or related to the services shall not exceed the amount actually paid by the Customer to the Tuner for the specific service giving rise to the claim.
- Emissions & Legal Compliance. Certain calibrations and modifications may not comply with federal, state, or local emissions, noise, or motor-vehicle laws and may not be legal for use on public roads. The Tuner makes no representation or warranty that any calibration or modification is street-legal or emissions-compliant. The Customer is solely responsible for determining the legality and intended use (including any closed-course, competition, or off-road use) of any modification or calibration and for compliance with all applicable laws and regulations. Customer assumes all legal responsibility arising from the use of the vehicle.
- Manufacturer Warranty. Modifying a vehicle's factory calibration or installing aftermarket components may void or limit some or all of the vehicle manufacturer's warranty. Customer accepts sole responsibility for any effect on manufacturer or extended warranties.
- ECU / Calibration Programming Risk. Reflashing or reprogramming a vehicle's electronic control unit(s) carries an inherent, if small, risk of communication interruption, programming error, or control-unit damage, including risks arising from factors outside the Tuner's control such as low battery voltage, power loss, or defective hardware. Customer acknowledges and assumes this risk.
- Diagnostic Time & Fees. Tuning is quoted at the base service fee stated in the pricing above. Time spent diagnosing vehicle faults, troubleshooting issues unrelated to the calibration, or waiting on the shop to complete a repair before tuning can continue is billed separately at the stated diagnostic rate. Diagnostic time is a charge for the Tuner's time and does not guarantee resolution of any underlying mechanical issue.
- Customer & Shop Responsibilities. The Customer (and the shop, where applicable) is responsible for: ensuring the vehicle is mechanically sound and properly assembled before and during tuning; using fuel of the correct type and octane; installing and verifying all supporting modifications; maintaining adequate battery voltage during programming; promptly reporting any abnormal condition (noise, warning light, fluid loss, or drivability issue) and ceasing operation of the vehicle until it is evaluated; and following all instructions provided by the Tuner.
- Ownership of Calibration Data & Tunes. All calibration files, tunes, maps, tables, parameter sets, datalogs, strategies, and related data and know-how created, supplied, or installed by the Tuner (collectively, the "Calibration Data") are the exclusive property of HPDash, LLC and are protected by copyright, trade-secret, and other intellectual-property rights. The Calibration Data is licensed, not sold. No purchase of services or hardware transfers any ownership of, or any right to copy or exploit, the Calibration Data.
- License Grant & Restrictions. The Tuner grants the Customer a limited, non-exclusive, non-transferable, revocable license to use the Calibration Data solely on the single vehicle for which it was developed, for that vehicle's normal operation. The Customer, the shop, and any third party shall not, directly or indirectly: (a) copy, reproduce, extract, read out, dump, clone, or back up the Calibration Data; (b) reverse-engineer, decompile, disassemble, decrypt, or analyze it to derive its contents or methods; (c) sell, resell, license, sublicense, distribute, share, publish, or transfer it to any person or vehicle; (d) use it, in whole or in part, as the basis for any other calibration or on any other vehicle; or (e) remove, alter, or obscure any protection, watermark, or identifying marker embedded in it.
- Anti-Circumvention & Failure of Locking. The Calibration Data may be protected by technical measures intended to lock or restrict access to it. The Customer, the shop, and any third party shall not use any hardware, software, tool, device, service, or method to bypass, disable, defeat, or circumvent any such protection, or to access, read, or copy Calibration Data that is or was intended to be locked, in violation of applicable law including 17 U.S.C. § 1201. The absence or technical failure of any such protection — including where the calibration cannot be locked, or where the recipient's hardware or tools permit access that a lock would otherwise prevent — does not grant any right to access, copy, extract, or use the Calibration Data and does not waive any restriction in this Agreement. Any such access or use is unauthorized and a material breach.
- Confidentiality & Trade Secret. The Customer and shop acknowledge that the Calibration Data derives independent economic value from not being generally known, is the subject of reasonable efforts to maintain its secrecy, and constitutes a trade secret under the Oregon Uniform Trade Secrets Act and the federal Defend Trade Secrets Act (18 U.S.C. § 1836). The Customer and shop shall keep the Calibration Data confidential and shall not disclose it to any third party. These obligations survive completion of the services and any sale of the vehicle.
- Remedies for Misappropriation. The Customer and shop acknowledge that any unauthorized copying, extraction, reverse-engineering, circumvention, disclosure, distribution, or use of the Calibration Data would cause the Tuner immediate and irreparable harm for which monetary damages alone are inadequate. Upon any actual or threatened breach of Sections 10–13, the Tuner is entitled to: (a) injunctive and equitable relief, without bond, to stop the breach; (b) the Tuner's actual damages and lost profits; (c) disgorgement of all profits or benefit the Customer, shop, or any third party derived from the unauthorized use; and (d) the Tuner's costs and reasonable attorneys' fees, together with any statutory or exemplary damages available under trade-secret or anti-circumvention law. Because actual damages are difficult to quantify, the Tuner may instead elect liquidated damages of $2,000 per vehicle or instance on or to which the Calibration Data is copied, installed, distributed, or used in violation of this Agreement, as a reasonable estimate of harm and not a penalty. The limitation of liability in Section 4 does not apply to, and shall not limit, the Customer's or shop's liability for breach of Sections 10–13 or for indemnification. By purchasing, receiving, installing, or accessing any HPDash unit or Calibration Data, the Customer and the shop agree to be bound by these terms.
- Indemnification. Customer agrees to indemnify, defend, and hold harmless HPDash, LLC and its owners, employees, agents, and affiliated tuners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's vehicle, its use or operation, the acts or omissions of the Customer or the shop, or the Customer's breach of these terms.
- Governing Law & Severability. These terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be enforced to the maximum extent permitted by law.
- Entire Agreement. This document constitutes the entire agreement between the parties regarding pricing and the listed services and supersedes any prior understandings. Pricing is subject to change; the rates in effect at the time service is authorized apply.
Full terms are provided and must be agreed before any tuning work begins. HPDash, LLC · Medford, Oregon.