Terms & Conditions
Terms of Service
1. Online Store
Our online store is hosted on Shopify Inc., which provides the e-commerce platform used to offer our products and services. The contract for the purchase of products or services is between you and EK1Tuning. Shopify is not the seller of our products or services.
You must provide accurate and complete information when placing an order. We reserve the right to refuse, cancel, limit, or hold an order where we reasonably suspect fraud, unauthorized payment activity, resale abuse, violation of these Terms, violation of law, or misuse of our products or Services.
2. Products and Services
EK1Tuning provides automotive diagnostic, programming, ECU/TCU communication, tuning-related hardware, accessories, software, digital services, credits, and related products.
Product specifications, compatibility information, supported vehicles, supported ECU/TCU types, software features, protocols, and other technical information may change as our products and software are developed. Vehicle manufacturers may modify hardware, software, firmware, calibration, security systems, or communication protocols without notice. Compatibility is not guaranteed unless expressly stated by EK1Tuning.
3. Orders
Submission of an order constitutes an offer to purchase the identified products or services. An order is not accepted until we accept it and process or confirm payment.
We may cancel an order before shipment or delivery of a digital service due to product unavailability, pricing or description errors, suspected fraud, payment authorization problems, export or legal restrictions, suspected unauthorized resale, violation of these Terms, or circumstances that reasonably prevent fulfillment. If we cancel an order after payment has been captured, we will issue the applicable refund.
4. Pricing, Taxes, Duties, and Customs
Prices are displayed in the currency indicated during checkout and may change without notice. A price change will not affect an accepted order except in the case of an obvious pricing or technical error.
Customers are responsible for applicable sales, use, import, customs, VAT, GST, duties, brokerage fees, and other governmental charges unless checkout expressly states that such amounts are included. International customers are responsible for customs clearance and destination-country import requirements.
5. Payment - Airwallex
Payments through our online store are processed using Airwallex, our third-party payment processing provider. By submitting payment information, you authorize the applicable payment method to be charged for the total amount shown at checkout, including applicable taxes and shipping charges.
Available payment methods may depend on location, currency, and Airwallex payment capabilities. Payment authorization does not guarantee acceptance of an order. We may hold or cancel an order where additional payment or identity verification is reasonably required to prevent fraud or unauthorized transactions.
Approved refunds will normally be returned to the original payment method. Processing time after a refund is initiated may depend on Airwallex, card networks, the customer's bank, or another applicable payment provider.
6. Shipping and Delivery
Shipping options, estimated delivery times, and applicable charges are displayed at checkout or described in our Shipping Policy. Delivery dates are estimates and are not guaranteed.
EK1Tuning is not responsible for delays caused by carriers, customs authorities, weather, natural disasters, government actions, incorrect customer-provided addresses, or other circumstances outside our reasonable control. Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect or incomplete address, refused shipment, failed delivery, or unclaimed package may be charged where permitted by law. Our separate Shipping Policy is incorporated into these Terms by reference.
7. Returns and Refunds
Returns and refunds are governed by our separately published Return & Refund Policy, incorporated into these Terms by reference.
Return eligibility may vary depending on whether a product is unopened, opened, activated, registered, used, damaged, customized, associated with a device or serial number, vehicle, VIN, ECU, account, or supplied as digital content or a digital service. Customers must obtain any required return authorization before returning a product. Unauthorized returns may be refused.
Unless required otherwise by applicable law, original shipping charges, customs charges, duties, taxes, and return shipping costs are not refundable unless the return results from an EK1Tuning error or a confirmed defective product.
8. Digital Products, Software, Credits, and Downloads
Certain Services may include software, downloadable files, firmware, licenses, credits, activation rights, conversion services, tuning-related files, or other digital content.
Except where required by law or expressly stated in our Return & Refund Policy, digital purchases may become non-refundable once content has been downloaded, accessed, generated, converted, activated, applied to an account or device, associated with a serial number, VIN, ECU, or vehicle, or otherwise consumed.
Credits have no cash value and cannot be exchanged for cash except where required by law. Credits may only be used for eligible EK1Tuning Services under the conditions applicable at the time of use.
9. Software and Firmware Licensing
Software, firmware, applications, calibration-related tools, and other digital components supplied by EK1Tuning are licensed, not sold, unless expressly stated otherwise. We may provide updates, modifications, bug fixes, security updates, feature changes, or compatibility updates.
Features may be added, modified, restricted, or discontinued as reasonably necessary for technical, security, legal, compatibility, or operational reasons. Except where prohibited by law, users may not reverse engineer, decompile, disassemble, reproduce, modify, distribute, circumvent security or licensing mechanisms, or gain unauthorized access to our systems or source code.
10. ECU/TCU Flashing, Programming, and Authorized Use
Certain EK1Tuning products and Services provide functions for reading, writing, programming, flashing, recovering, or otherwise communicating with automotive Engine Control Units (ECUs), Transmission Control Units (TCUs), and other electronic control modules.
ECU/TCU flashing and programming may only be performed where legally permitted and under authorized and appropriate conditions. The user is responsible for determining whether the intended operation is lawful and authorized in the applicable jurisdiction and circumstances.
Before initiating certain flashing or programming operations, an EK1 device or software interface may display additional warnings, instructions, risk disclosures, or confirmation notices. By proceeding with an operation after such notice is displayed, the user acknowledges and accepts the risks and conditions associated with the applicable procedure.
ECU/TCU flashing and programming involve inherent technical risks. Problems or failures may occur due to operator error; failure to follow instructions or on-device warnings; incorrect vehicle, ECU/TCU, ROM ID, software, firmware, calibration, or configuration selection; incorrect, incompatible, corrupted, modified, or unauthorized files; third-party tuning or calibration files; insufficient or unstable power supply or battery voltage drop; USB, CAN, CAN FD, Ethernet, DoIP, wireless, network, or other communication interruption; computer, smartphone, operating system, driver, software, or hardware malfunction; Internet or server interruption; interruption of a flashing, programming, recovery, or writing operation; unsupported or improperly modified vehicles or modules; pre-existing vehicle, wiring, electrical, mechanical, ECU/TCU, or software defects; third-party hardware, adapters, cables, or equipment; or other abnormal, unintended, unauthorized, unsafe, or unsupported operating conditions.
Such conditions may result in communication failure, corrupted data, programming failure ("bricked" modules), diagnostic trouble codes, loss of vehicle functionality, ECU/TCU recovery requirements, vehicle immobilization, or the need to repair, recover, reprogram, or replace an ECU, TCU, or another vehicle component.
Factory Warranty Voidance: Flashing, modifying, or reprogramming vehicle control modules may permanently void, limit, or affect original equipment manufacturer (OEM) factory warranties, extended warranties, or service contracts. The user assumes all risks associated with any loss, reduction, or denial of manufacturer warranty coverage.
11. ECU/TCU Flashing Disclaimer and Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EK1TUNING SHALL NOT BE RESPONSIBLE FOR ECU/TCU OR OTHER CONTROL MODULE REPAIR OR REPLACEMENT COSTS; VEHICLE REPAIR OR DIAGNOSTIC COSTS; ECU/TCU RECOVERY OR REPROGRAMMING COSTS; LABOR OR WORKSHOP CHARGES; TOWING OR TRANSPORTATION COSTS; RENTAL OR REPLACEMENT VEHICLE COSTS; LOSS OF VEHICLE USE; LOSS OF DATA; LOSS OF REVENUE, PROFITS, OR BUSINESS; BUSINESS INTERRUPTION; OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
EK1TUNING'S RESPONSIBILITY IS LIMITED TO DEFECTS IN EK1TUNING PRODUCTS OR SERVICES TO THE EXTENT EXPRESSLY PROVIDED UNDER AN APPLICABLE WRITTEN WARRANTY AND REQUIRED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
12. Third-Party Tuning Files and Services
EK1Tuning provides technology and hardware platforms that may allow users to read, write, transfer, convert, or otherwise work with ECU/TCU data. Unless expressly stated otherwise, EK1Tuning does not create, control, curate, approve, verify, or warrant tuning files, calibration files, modified software, or map files supplied by independent tuners, master tuners, dealers, workshops, customers, or other third parties.
EK1Tuning is not responsible for vehicle, ECU/TCU, engine, transmission, drivability, emissions, warranty, regulatory, or other damage or loss resulting from third-party tuning files, unauthorized modifications, improper calibrations, or incorrect use. Disputes concerning a third-party tuning service or calibration file must be addressed solely to the party that supplied it.
13. Motor Vehicle Laws, Emissions Compliance, and Off-Road/Competition Use
Customers are strictly responsible for ensuring that their purchase, installation, and use of EK1Tuning products and Services comply fully with all applicable federal, state, local, and international laws, regulations, and vehicle equipment standards.
Emissions and Clean Air Act Compliance: EK1Tuning products and Services must not be used to unlawfully defeat, bypass, disable, circumvent, or tamper with any emissions-control systems, sensors, catalytic converters, particulate filters, or onboard diagnostic (OBD) systems in violation of the U.S. Clean Air Act, California Air Resources Board (CARB) regulations, or comparable environmental statutes.
Closed-Course Competition & Off-Road Use Only: Certain products, software features, calibrations, or vehicle modifications offered or enabled through our Services are designed and intended SOLELY for sanctioned, closed-course competition, racing, or off-road use on vehicles that are never operated on public roads, streets, or highways. The customer is solely responsible for verifying the legal status of any modification in their jurisdiction and ensuring compliance with applicable road-use laws.
14. User Accounts and Security
Users are responsible for maintaining the confidentiality and security of account credentials and may not permit unauthorized access or circumvent device, account, licensing, credit, or security restrictions. Users must promptly notify us if they believe an account, device, credentials, or payment information has been compromised.
We may suspend or terminate accounts involved in fraud, unauthorized access, security circumvention, hacking, abuse, intellectual-property infringement, or other material violations of these Terms.
15. Intellectual Property
All EK1Tuning trademarks, software, firmware, website content, documentation, graphics, interfaces, databases, technical information, and other proprietary materials are owned by or licensed to EK1Tuning and protected by applicable United States and international intellectual property laws.
Except as expressly authorized in writing, users may not copy, reproduce, distribute, modify, sell, license, reverse engineer, publicly display, or commercially exploit our intellectual property. Purchase of a product does not transfer ownership of EK1Tuning software, firmware, source code, algorithms, protocols, trademarks, or other intellectual property.
16. Prohibited Use
Products and Services may not be used for unlawful purposes; infringement of intellectual property rights; unauthorized system or account access; circumvention of licensing, authentication, credit, or security mechanisms; distribution of malicious software; interference with EK1Tuning systems; fraud or payment abuse; or violation of applicable automotive, safety, environmental, import, export, or consumer-protection laws. We may suspend or terminate access where we reasonably believe prohibited activity has occurred.
17. Warranty Disclaimer
Any written product warranty expressly provided by EK1Tuning will govern the applicable product.
18. General Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PRODUCT, SERVICE, OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EK1TUNING FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
19. Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless EK1Tuning and its affiliates, owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and reasonable expenses (including attorney's fees) arising out of or related to: (a) your unlawful use of our products or Services; (b) your violation of these Terms; (c) unauthorized, unsafe, or illegal vehicle modifications performed by you or on your behalf; (d) third-party tuning or calibration files supplied, converted, or distributed by you; or (e) your infringement or violation of any third-party right or applicable law.
20. Fraud, Payment Disputes, and Chargebacks
If you believe a transaction was unauthorized or there is an issue with an order, please contact EK1Tuning promptly. Payment disputes and chargebacks may be processed through Airwallex and the applicable card network, bank, or payment provider.
We may provide transaction records, order information, delivery confirmation, device activation logs, account activity, customer communications, and other relevant evidence in response to a dispute or chargeback. Fraudulent chargebacks or intentional payment abuse may result in immediate suspension or termination of accounts or Services, without limiting other lawful remedies.
21. Privacy
Collection and use of personal information are governed by our Privacy Policy. Our Services may involve third-party providers including Shopify, Airwallex, shipping carriers, fulfillment providers, analytics providers, cloud infrastructure providers, and other vendors necessary to operate our business. Please review our Privacy Policy for information regarding collection, processing, disclosure, and retention of personal information.
22. Third-Party Services
Our Services may rely on or integrate with third-party services. We are not responsible for the availability, performance, policies, or independent actions of third-party providers except to the extent required by applicable law. Use of certain third-party services may also be subject to their respective terms and policies.
23. Changes to Products and Services
We may update, modify, suspend, or discontinue products, software features, supported vehicles, protocols, Services, or technical functionality at any time. Where reasonably practical, we may provide notice of material changes affecting existing users. Nothing in this section limits rights customers may have under applicable law.
24. Governing Law
These Terms and all claims or disputes arising from or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles, together with applicable federal laws of the United States. Mandatory consumer-protection laws that legally apply notwithstanding this choice of law remain unaffected.
25. Dispute Resolution, Binding Individual Arbitration, and Class Action Waiver
Informal Resolution: Before initiating formal proceedings, the parties agree to make good-faith, reasonable efforts to resolve any dispute informally by providing written notice describing the facts and specific relief requested.
CLASS ACTION WAIVER: YOU AND EK1TUNING AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
IF ARBITRATION IS FOUND UNENFORCEABLE, EXCLUSIVE JURISDICTION AND VENUE SHALL LIE IN THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE.
26. Severability and No Waiver
If any provision is determined to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. Failure by EK1Tuning to enforce a provision does not constitute a waiver of that provision or any other right.
27. Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any additional written terms expressly presented for a particular product or Service, constitute the entire agreement between you and EK1Tuning concerning the Services.
28. Changes to These Terms
We may update these Terms from time to time. Revised Terms will be posted on our website with an updated "Last Updated" date. Changes apply prospectively upon publication unless applicable law permits or requires otherwise.
29. Contact Information
| Legal Entity: | TUNINGCLOUD LLC |
| Doing Business As: | EK1Tuning |
| Address: | 16192 Coastal Hwy, Lewes, DE 19958, United States |
| Email: | admin@ek1tool.com |
| Phone: | +1 (302) 490-4026 |