ECMTuner LLC — Performance Tuning Waiver & Release of Liability

Last Updated: March 2026

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEDING WITH ANY TUNING SERVICE

By authorizing ECMTuner LLC ("ECMTuner," "we," "us") to perform any ECU tuning, performance calibration, or related services on your vehicle, you ("Customer") acknowledge that you have read, understood, and agree to be bound by the following terms.

1. NATURE OF SERVICE

ECU tuning modifies your vehicle's Engine Control Unit (ECU) software to alter fuel maps, ignition timing, boost pressure, and other parameters beyond factory specifications. These modifications are intended for closed-course and off-road use only unless otherwise permitted by applicable law.

2. ASSUMPTION OF RISK

Customer acknowledges and voluntarily assumes all risks associated with ECU tuning, including but not limited to:

• Increased engine wear due to elevated power output
• Potential damage to engine, transmission, drivetrain, turbocharger, or related components
• Reduced component lifespan from increased thermal and mechanical stress
• Vehicle behavior changes including altered throttle response, torque delivery, and boost characteristics
• Risk of mechanical failure during or after tuning

Customer understands that performance tuning inherently involves risk and that no tune — regardless of skill or technology — can eliminate all possibility of component failure.

3. VOID OF MANUFACTURER WARRANTY

Customer acknowledges that ECU modifications will likely void the manufacturer's powertrain warranty and any remaining factory coverage. ECMTuner is not responsible for any warranty claims denied by the manufacturer, dealership, or extended warranty provider as a result of these modifications.

4. FUEL & HARDWARE REQUIREMENTS

Customer agrees to:

• Use the exact fuel grade specified in their tune (including ethanol content for E30/E40/E85 blends)
• Maintain all supporting hardware in proper working condition (spark plugs, intercooler, fuel system, etc.)
• Notify ECMTuner immediately if hardware changes are made after tuning
• Not use the tune on a vehicle that deviates from the build sheet provided at time of service

ECMTuner assumes no liability for damage resulting from fuel mismatch, worn hardware, or undisclosed modifications.

5. EMISSIONS & LEGAL COMPLIANCE

Customer acknowledges that performance tuning may render the vehicle non-compliant with federal, state, or local emissions regulations. It is the Customer's sole responsibility to understand and comply with all applicable laws regarding vehicle emissions and modifications in their jurisdiction. ECMTuner is not responsible for failed inspections, citations, or fines.

6. RELEASE OF LIABILITY

To the fullest extent permitted by law, Customer hereby releases, waives, discharges, and holds harmless ECMTuner LLC, its owners, employees, contractors, and affiliates from any and all claims, damages, losses, costs, or expenses (including legal fees) arising out of or related to:

• Engine, transmission, or drivetrain damage
• Component failure or accelerated wear
• Accidents or injuries resulting from altered vehicle performance
• Warranty denial or loss of resale value
• Any other consequence of ECU tuning or related services

7. REMOTE TUNING

For remote tuning services: Customer assumes full responsibility for the correct use of the flashing tool, following ECMTuner's instructions precisely, and ensuring the vehicle is in a safe, stable state during the flash process. ECMTuner is not liable for damage resulting from improper tool use, interrupted flashing, or failure to follow provided instructions.

8. LIMITATION OF LIABILITY

In no event shall ECMTuner's total liability to Customer exceed the amount paid for the specific service that gave rise to the claim. ECMTuner shall not be liable for indirect, incidental, consequential, or punitive damages of any kind.

9. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Jersey. Any disputes shall be resolved in the courts of Bergen County, New Jersey.

10. ACKNOWLEDGMENT

By authorizing service (in person, by phone, email, or online), Customer confirms they:

• Are the legal owner or authorized representative of the vehicle
• Have read and understood this entire agreement
• Are 18 years of age or older
• Agree to all terms above without duress or coercion

ECMTuner LLC | 22 Caesar Pl, Moonachie, NJ 07074 | sales@ecmtuner.com | (201) 591-5432