Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your use of the website, web application, and related services (collectively, the "Service") offered by Tuneless.tech ("we", "us", "our"). By creating an account, signing in, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not use the Service.

2. Who we are

Tuneless.tech is an independent third-party software product. It is not affiliated with, sponsored by, or endorsed by Holley Performance Products. Holley®, Sniper™, Terminator™, and other product names are trademarks of their respective owners.

3. Eligibility & account

• You must be at least 18 years old to create an account.
• You are responsible for the accuracy of the information you provide.
• You are responsible for keeping your account credentials confidential.
• You may not share, resell, or otherwise transfer your account.

4. What the Service does (and doesn't)

The Service connects, via your web browser and a USB-to-CAN adapter, to a compatible Holley engine control unit ("ECU"). It reads sensor data, reads and writes ECU configuration values (tables, scalars, axes), and uses artificial intelligence to suggest configuration changes.

The Service does not:

• Operate your vehicle.
• Guarantee that any suggested tune is safe, optimal, or appropriate for your engine.
• Replace the judgment of a qualified human tuner.
• Provide warranty, certification, or emissions compliance for any tune it produces.

5. You are responsible for your engine.

This is the most important section in this document. Read it carefully.

EFI tuning is inherently dangerous. An incorrect tune can cause detonation, lean run, rich run, overheating, melted pistons, valve damage, broken rings, catastrophic engine failure, fire, injury, or death. You assume all risk associated with using the Service. By using the Service you acknowledge that you are solely responsible for any and all modifications made to your vehicle's engine control unit and that you use the Service entirely at your own risk.

Specifically, you agree:

• You will not use the Service while operating the vehicle alone in a manner that compromises your ability to drive safely. Use a passenger as operator, or use the Service while parked.
• You will not use the Service on public roads if doing so violates local law (some jurisdictions restrict on-road tuning activity).
• You will review every change the AI proposes before approving it. The Service will never write to your ECU without your explicit approval.
• You will keep a known-good backup of your tune at all times (the Service offers automatic snapshots for this purpose; you must export and store them).
• You will not use the Service on race-only, off-road-only, or competition hardware in a manner inconsistent with applicable law.
• You will not use the Service to bypass, defeat, disable, or alter any factory emissions control system, including but not limited to oxygen sensor feedback loops, exhaust gas recirculation (EGR) controls, catalytic converter monitoring, or any other component or parameter subject to regulation under the United States Clean Air Act, the California Air Resources Board (CARB) regulations, or equivalent laws in any jurisdiction.
• You represent and warrant that any vehicle on which you use the Service is either (a) not subject to emissions testing or inspection requirements in your jurisdiction, or (b) you will ensure the vehicle continues to comply with all applicable emissions requirements after any modifications made using the Service.
• You acknowledge that modifying engine calibration parameters may void your vehicle manufacturer's warranty and that Tuneless.tech has no responsibility for any warranty claims denied as a result of your use of the Service.

5a. Emissions compliance & the Clean Air Act

The United States Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) regulate aftermarket modifications to vehicle emissions systems. Under Section 203(a)(3)(B) of the Clean Air Act, it is unlawful to manufacture, sell, or install any part or component intended for use with a motor vehicle where a principal effect is to bypass, defeat, or render inoperative any emissions control device or element of design.

Tuneless.tech is not designed, marketed, or intended to modify, bypass, or defeat any emissions control system. The Service provides tools for adjusting engine calibration parameters (such as volumetric efficiency tables, spark timing, idle speed, and acceleration enrichment) for the purpose of improving driveability and performance within the bounds of applicable law.

If you use the Service on a vehicle that is subject to emissions inspection or registration requirements, you are solely responsible for ensuring that any modifications you make do not cause the vehicle to fail emissions testing or violate any applicable emissions law. We expressly disclaim any responsibility for emissions compliance of your vehicle.

6. Purchases, packs & subscriptions

We sell two paid products:

• Driveway Hero pack — a one-time $149 purchase that unlocks five (5) tune sessions on one (1) vehicle, with no expiration date. Once consumed, the pack does not auto-renew. Additional packs may be purchased at any time.
• Professional Installer subscription — a recurring $600/month purchase that covers up to five (5) vehicles per month, with up to five (5) tune sessions per vehicle. Additional vehicles beyond the five included are billed at $20 per vehicle per month as a metered overage. The subscription renews automatically until cancelled.

Cancellation of the Professional Installer subscription takes effect at the end of the current billing period. Refunds, if any, are governed by our Refund Policy.

7. What counts as a "tune session"

A tune session is one end-to-end pass through the guided road-tune wizard that results in one or more changes being written to your ECU. Viewing telemetry, reading tables, exporting snapshots, or running the INSPECT diagnostic view do not consume tune sessions. A session is counted at the moment writes are first applied; you can roll back without losing the session count.

We may, at our discretion:

• Throttle, rate-limit, or suspend usage that appears automated, abusive, or intended to evade tier limits (e.g., reassigning a Driveway Hero pack across many vehicles in rapid succession).
• Adjust the technical implementation of the tuning engine, including the underlying AI providers we use to generate suggestions, without changing the tune-session quotas you purchased.

The Service's tuning suggestions are generated content. They can be wrong. Treat every proposed change as a hypothesis to verify, not a directive to execute blindly.

8. Acceptable use

You agree not to:

• Reverse engineer, decompile, or attempt to extract source code from the Service (except to the limited extent permitted by applicable law).
• Use the Service to interact with hardware you do not own or are not authorized to modify.
• Use the Service in any manner that violates applicable law.
• Attempt to interfere with, overload, or disrupt the Service.
• Use the Service to develop a directly competing product.

9. Intellectual property

The Service, including its software, design, branding, and content, is owned by Tuneless.tech or its licensors. You retain ownership of any tunes, data, or other content you create using the Service. You grant us a non-exclusive, royalty-free license to process that content as necessary to provide the Service.

10. Disclaimers — no warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT ANY TUNE, SUGGESTION, OR CONFIGURATION CHANGE PRODUCED BY THE SERVICE WILL BE SAFE FOR YOUR ENGINE OR APPROPRIATE FOR YOUR USE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TUNELESS.TECH, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO ENGINES, VEHICLES, OR PROPERTY; LOST PROFITS; LOST DATA; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.

12. Indemnification

You agree to indemnify and hold harmless Tuneless.tech and its affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any tune, modification, or change you applied to a vehicle using the Service.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access for violation of these Terms or for prolonged inactivity. On termination, your right to use the Service ends; provisions of these Terms that by their nature should survive (intellectual property, disclaimers, limitations of liability, indemnification, governing law) will survive.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top and, for material changes, notify you by email or through the Service. Continued use after the update constitutes acceptance.

15. Governing law & disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Wyoming.

[Open question for lawyer: arbitration clause vs. court. Class-action waiver? California/EU/Quebec carve-outs?]

16. Contact

Questions about these Terms? Email legal@tuneless.tech.