Terms & Conditions

Part B · Custom Tuning Services

Terms, Conditions & Release of Liability

The following terms apply specifically to custom tuning services. Within this Part B, references to a numbered "Section" refer to the sections of this Part B. Full terms are provided and must be agreed before any tuning work begins.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Diagnostic Time & Fees. Tuning is quoted at the base service fee stated in the pricing on the tuning page. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.

HPDash, LLC · Medford, Oregon.

Part C · HPDash Remote

Remote-Access Software & Service

This Part C applies to HPDash Remote, our remote-access software and hosted relay service that lets authorized operators view and control enrolled machines ("Units"). The general terms in Part A — including Acceptable Use, Disclaimers, Limitation of Liability, Indemnification, Privacy, Governing Law, and Changes — apply to HPDash Remote, supplemented by this Part C. In the event of a conflict with Part A as to HPDash Remote, this Part C controls.

C1. The Service and the Software

HPDash Remote consists of (a) the "Agent," installed on a Unit to be accessed (often a headless, unattended, always-on computer such as an in-vehicle tuning PC or a shop workstation); (b) the "Operator Clients," the Windows desktop and Android applications an operator uses to view and control a Unit; and (c) the "Service," our hosted relay and gateway that brokers the encrypted connection between an Operator Client and an Agent. The Software runs on Windows (Agent and desktop client) and Android (client); we do not currently offer macOS, Linux, or iOS versions. Access is capability-gated per operator and per Unit (view, control, file transfer, terminal, unattended access, audio, two-way calling, and reboot/shutdown). The unattended Agent runs as a Windows service and is identifiable and removable; it is not designed to be hidden.

C2. Subscriptions, Seats & Billing

HPDash Remote is sold as a subscription on a per-shop basis, in tiers that include a number of operator seats and an included pool of Units, billed monthly or annually in advance through our storefront and processed by our payment processors (we do not store full payment card numbers). Unless your order states otherwise, subscriptions auto-renew at the then-current fees until cancelled, and you may cancel auto-renewal before the end of a term. Except as required by law or stated in your order, fees are non-refundable. You may use HPDash Remote only within your plan's seats and Unit pool, and you may not share a single login among multiple individuals beyond your licensed seats. We may suspend or terminate the Service for non-payment, trial expiry, or violation of these Terms.

C3. Authorized Access & Consent

This Section is a material condition of your right to use HPDash Remote. For every Unit you or any operator access, attempt to access, or install an Agent on, you represent and warrant, on a continuing basis, that: (a) you own the Unit or are authorized by its owner to install the Agent and to access the Unit through HPDash Remote; (b) you have obtained and will maintain all consents and authorizations required by law from the Unit's owner and from every person who uses the Unit, for the access and capabilities you exercise; and (c) your installation and use comply with all applicable laws, including those governing computer access, electronic communications, recording, eavesdropping, and privacy. We do not verify, and are not responsible for verifying, whether you are authorized to access any Unit. You agree not to use HPDash Remote for covert, surreptitious, stalkerware, spyware, or unauthorized monitoring, or to access any computer without the knowledge and consent required above. This representation is reinforced in the Acceptable Use Policy and, at install time, in the EULA.

C4. Audio & Calling — All-Party Consent

The audio (listen) and two-way calling features can capture sound at a Unit, including the voices of people present. Recording and interception laws in many jurisdictions, including approximately a dozen U.S. states, require the consent of all parties. You are solely responsible for providing any required notice and obtaining any required consent before using these features, and for complying with all applicable wiretap, eavesdropping, and recording laws.

C5. Acceptable Use Policy & Software License (EULA)

Your use of HPDash Remote is subject to the HPDash Remote Acceptable Use Policy, which is incorporated into these Terms by reference, and the Software is licensed, not sold, under the HPDash Remote End User License Agreement, which each person who installs or uses the Software must accept at install time and which incorporates the bundled third-party open-source license notices. To the extent a conflict exists, the EULA controls as to the Software and these Terms control as to the Service.

C6. Privacy & Session Security

Session content — screen video, keystrokes and other input, transferred files, terminal data, and audio — is end-to-end encrypted between the Operator Client and the Agent. Our hosted relay carries only ciphertext: it is not designed to access, and does not store, session content. The Service does process connection metadata (such as room and Unit identifiers, IP addresses, timestamps, byte counts, and connection events) to route and operate connections, as described in our Privacy Policy. Where we process personal data on your behalf as a processor, a Data Processing Addendum is available for business customers on request.

C7. Export Compliance

HPDash Remote incorporates standard, published cryptography and is subject to the U.S. Export Administration Regulations. You will comply with all applicable export and sanctions laws, and you may not access, use, export, or re-export the Software or Service to any embargoed country or region (U.S. Country Group E) or to any person on a U.S. denied- or restricted-party list, or for any prohibited end use.

C8. Self-Host

If your plan permits you to operate your own gateway in place of our hosted Service, you are solely responsible for the deployment, security, availability, and lawful operation of that gateway. The Software license, the Acceptable Use Policy (including the authorized-access and all-party-consent obligations), the export-compliance obligations, and the disclaimers, liability limits, and indemnities in these Terms continue to apply in full. Because we do not operate your self-hosted gateway, our enforcement remedy for a self-host deployment is limited to terminating your subscription and license and to the indemnification rights in these Terms.

C9. Liability & Indemnification for HPDash Remote

The Disclaimers (Part A, Section 11), Limitation of Liability (Part A, Section 12), and Indemnification (Part A, Section 13) apply to HPDash Remote. Your indemnification obligation includes claims arising from your or any operator's access to or control of any Unit, including any access without the owner's knowledge or consent, any covert access, and any use of the audio or calling features without required consent. The exclusions from the limitation of liability in Part A, Section 12 also apply to, and the cap does not limit, your liability for breach of the authorized-access representation in Section C3 or of the Acceptable Use Policy.