Tune File Licence and Software Update Limited Warranty

Effective: September 5, 2026
Last updated: September 9, 2026

These Tune File Licence and Software Update Limited Warranty terms (the “Software Terms”) apply to every vehicle tune, calibration, modified software file, and update we supply (a “Tune File”). We make these Software Terms available before purchase and require express acceptance at checkout. By accepting these Software Terms and placing an order, you agree to them and our General Terms and Conditions. Downloading, installing, or using a Tune File confirms your continuing obligation to comply with terms already disclosed and accepted; it does not add undisclosed post-purchase terms.

The Tune File licence is supplied by Okanagan Ventures, carrying on business as ECU5.com (“we,” “us,” or the “Seller”). The “Provider” is the tune creator or vendor identified on the applicable product page before purchase and repeated in the order confirmation. If no different Provider is identified before purchase, the Seller is also the Provider.

The “Protected Parties” are the Seller, Provider, every tuning company, custom tuner, or technician engaged by the Seller or Provider to create, adapt, supply, install, or support the Tune File, and each of their respective owners, affiliates, licensors, contractors, subcontractors, directors, officers, employees, and agents.

Nothing in these Software Terms limits a consumer right, remedy, warranty, or liability that applicable law does not allow us to exclude, waive, or restrict.

1. Your licence and applicable terms

You receive a limited, non-exclusive, non-transferable licence to use the Tune File only on the vehicle and VIN shown on your order (the “Authorized Vehicle”) and with the engine, transmission, ECU, software, hardware, fuel, emissions equipment, and other details approved for that order (the “Authorized Configuration”).

The Tune File is licensed, not sold. You may keep one backup copy and allow a professional installer to use the Tune File for your Authorized Vehicle. You may not share, sell, publish, upload, sublicense, copy it for another vehicle, reverse engineer it, modify it, extract maps from it, or bypass its protections.

Every Tune File is covered by these Software Terms. A Provider may also have its own licence, acceptable-use, or technical-support terms. Separate Provider terms form part of your agreement only when they are shown or linked to you before purchase and you expressly accept them. Provider terms normally govern the Provider’s intellectual-property ownership and technical-use conditions. They do not reduce the Seller’s express promises or mandatory rights unless the Seller clearly identifies a lawful product-specific variation before purchase and you expressly accept it.

If applicable terms conflict, they apply in this order: (1) mandatory law; (2) a specific written product variation expressly issued by the Seller, disclosed before purchase, and accepted by you, but only for the subject it addresses; (3) these Software Terms for Tune File licensing, installation, performance, support, and the Software Update Limited Warranty; (4) separate Provider terms for that Provider’s intellectual-property ownership and technical-use conditions; and (5) our General Terms and Conditions for ordering, payment, delivery, and other general transaction matters. No Provider term reduces the Seller’s express warranty or a mandatory right. An order confirmation may repeat the Provider, Product, and Authorized Configuration agreed at purchase, but it does not first disclose a binding term or add a material restriction.

2. Your vehicle and installation

Please give us complete and accurate information about the vehicle, fuel, hardware, previous tunes, fault codes, known problems, and intended use. Before installation, you must:

• make sure the vehicle is properly maintained and mechanically and electrically sound;
• repair existing faults, leaks, warning lights, and abnormal operation;
• save a verified original or recovery file;
• use the correct tools, stable battery support, fuel, and procedure; and
• use a qualified installer where appropriate.

Changing the Authorized Configuration may require review and a new or separately purchased Tune File. Stop operating the vehicle if a warning or symptom suggests continued use may be unsafe or cause damage.

Vehicle parts can wear out or fail with or without modified software. A Tune File may expose an existing weakness or change the load on components, but a problem appearing after installation does not by itself prove the Tune File caused it. Proper diagnosis may require checking the vehicle, hardware, fuel, installation, original file, Tune File, fault codes, and data logs.

3. Legal use and insurance

The fact that a Tune File licence is lawfully offered does not mean the Tune File may legally be used on every vehicle or in every location. Road, off-road, competition, emissions, noise, safety, inspection, registration, warranty, and insurance requirements vary.

You are responsible for checking the rules that apply to you and for obtaining required approvals. You must not use a Tune File to unlawfully defeat, conceal, or disable an emissions-control, diagnostic, odometer, security, or safety system. An “off-road” or “competition” label does not override the law. We may refuse work we reasonably believe is unsafe or unlawful.

4. Software Update Limited Warranty

We give the original purchaser a voluntary Software Update Limited Warranty covering eligible updates to the Tune File only.

The Software Update Limited Warranty continues while:

1. you are the original purchaser and own the Authorized Vehicle;
2. the Tune File remains on that vehicle and a compatible control module;
3. the Authorized Configuration has not changed without approval;
4. you comply with these Software Terms and your account is in good standing; and
5. the Provider remains in business and is legally and technically able to support the Tune File and vehicle platform.

This may be described as “lifetime” coverage. Lifetime means the period defined above—not the lifetime of a person, vehicle, part, Seller, or Provider. It does not transfer to another owner.

We will review a properly reported suspected software error reasonably and in good faith and, when appropriate, send it to the Provider. A “Software Error” is a material and reproducible failure caused by the unchanged Tune File to meet its written specifications when correctly installed and used with the Authorized Configuration.

If the Provider verifies the Software Error and releases an applicable update to us, we will provide that update without another Tune File licence fee.

If a Software Error is verified while this Software Update Limited Warranty is in force but an applicable Provider update is not available within a reasonable time, the Seller will provide a reasonable voluntary remedy. Depending on the circumstances, the Seller will correct, reissue, or replace the Tune File; restore the original file where practical; or provide an appropriate price reduction or refund. We may require the reasonable diagnostic cooperation described in Section 7 before selecting and providing the remedy.

As a reseller, we cannot force a third-party Provider to create or release an update. We do not guarantee that every reported issue is a Software Error, that every issue can be reproduced, or that a Provider update will be issued. Once a covered Software Error has been verified, however, the Seller will provide one of the remedies stated above within a reasonable time, subject to circumstances outside our reasonable control and any stronger right provided by law.

Mandatory consumer rights to correction, updates, a reasonable completion time, price reduction, cancellation, refund, or another remedy remain available where applicable.

5. Flashing and other costs

Providing an update without another licence fee does not necessarily include installing or flashing it. Costs depend on the update path and equipment you own. You may need flashing credits, special tools, remote assistance, shipping, bench service, or help from a dealer or installer. Dealers and installers may charge labour.

We will disclose charges under our control before paid work begins. These costs are yours unless we agree otherwise or applicable law requires a no-charge remedy.

Except where law requires otherwise, the Software Update Limited Warranty does not cover diagnostic work, data logging, dyno time, installation, flashing, ECU recovery, towing, travel, rental vehicles, parts, or vehicle repairs. It also does not cover existing faults, wear, poor maintenance, misuse, racing, improper fuel, installer error, inaccurate or incomplete information, unauthorized changes, third-party products, or changes to the Authorized Configuration.

The Software Update Limited Warranty is for the Tune File only. It is not a warranty for the vehicle, engine, transmission, ECU, other parts, labour, insurance, road legality, or repair costs.

6. Horsepower and torque

Unless we give you a specific written guarantee for the Authorized Vehicle, horsepower, torque, power gains, and similar figures are tested estimates, ranges, or averages—not guaranteed minimum results for every vehicle.

Results vary with factory differences, vehicle age and condition, maintenance, faults, modifications, transmission, drivetrain loss, fuel, altitude, weather, ECU adaptation, dyno type and calibration, and testing method. Results from different vehicles, dynos, days, or methods may not be directly comparable.

A lower or different result or vehicle-specific performance deficiency does not by itself prove a Software Error or defective Tune File. To the fullest extent permitted by law, you accept normal variation and release the Protected Parties from claims based only on a result differing from an estimate, average, example, or range where the Tune File meets its written specifications. This does not excuse a false or misleading claim, a specific written guarantee, a Software Error, or liability that cannot legally be excluded.

7. Reporting an issue

Report a suspected Software Error promptly to ca@ecu5.com. Stop using the Tune File if continued operation may be unsafe or cause damage.

Please provide your order number, VIN, Tune File version, current vehicle configuration, recent changes, fault codes, data logs, original and current files, installer details, and steps that reproduce the issue. You must cooperate with reasonable testing and take reasonable steps to prevent further loss.

We may request testing with the original file, a known-good component, specified logs, or a qualified technician. You are responsible for diagnostic and third-party costs unless we agree otherwise or applicable law requires otherwise. Troubleshooting or supplying a test file is not an admission of defect or causation.

8. Limited Warranty remedy and third-party products

To the fullest extent permitted by law, the remedy under this voluntary Software Update Limited Warranty is the reasonable remedy described in Section 4. A Provider update supplied through us will not carry another Tune File licence fee. A full refund ends the licence and requires you to stop using and delete the Tune File unless law provides otherwise. A partial refund or price reduction does not end the licence unless we clearly agree otherwise with you as part of that remedy.

For a third-party Tune File, we are not responsible for the Provider’s independent actions, discontinued support, refusal or inability to issue an update, or changes to its tools or platform. This does not remove a responsibility or remedy that mandatory law places on us or the Provider.

9. Other warranties and liability

Written Tune File specifications and this Software Update Limited Warranty are our only voluntary warranties. Subject to them and mandatory rights, the Tune File and support are provided “as is” and “as available.” To the fullest extent permitted by law, the Protected Parties disclaim other warranties, including merchantability, satisfactory quality, durability, fitness for a particular purpose, compatibility, uninterrupted operation, and freedom from error.

Nothing excludes liability that cannot legally be excluded, including applicable liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, defective products, or mandatory consumer rights.

Subject to that rule, the Protected Parties are not liable for indirect, special, punitive, or consequential loss; lost income, use, data, or opportunity; diagnostic fees; labour; flashing; towing; ECU recovery; parts; or vehicle and other property repairs. Their combined liability will not exceed the amount paid for the Tune File.

Each Protected Party is an intended beneficiary of, and may directly enforce, the licence restrictions, releases, warranty limits, liability limits, and customer-responsibility provisions intended to protect them, to the extent applicable law permits.

If the U.S. Magnuson-Moss Warranty Act applies, this Software Update Limited Warranty is intended as a Limited Warranty, and implied warranties are not excluded where federal or state law prohibits it. Rights vary by location.

10. Your responsibility to us

To the extent permitted by law, you will reimburse and protect the Protected Parties from third-party claims, regulatory proceedings, fines, and reasonable legal costs caused by your unlawful or unsafe use, unauthorized sharing or resale, false information, breach of these Software Terms, or failure to obtain a required approval. This does not cover a Protected Party’s own defect, breach, negligence, or wilful misconduct, or anything the law does not permit us to transfer to you.

11. Delivery, privacy, returns, and ending the licence

Tune Files may be personalized and delivered electronically. Normal voluntary returns are unavailable after delivery, download, installation, flashing, or work begins, except as stated in our Refund and Returns Policy or required by applicable law. Where EU/EEA withdrawal rules apply, immediate delivery removes a withdrawal right only after the required separate consent and acknowledgment. Mandatory defect rights remain available.

We may suspend support or end the licence for non-payment, unauthorized copying, serious breach, fraud, or unlawful or unsafe use. We will provide notice and an opportunity to correct the issue where reasonable. Expiration of update support does not by itself end an otherwise valid paid licence.

We may process order details, VIN, vehicle configuration, ECU identifiers, original and modified files, fault codes, data logs, support messages, and licence information as explained in our Privacy Policy.

12. Governing law and contact

British Columbia law and applicable Canadian federal law govern these Software Terms. Consumers keep mandatory protections and forums available where they live. The parties may voluntarily agree to mediation after a dispute begins.

If any term is unenforceable, only the affected part will be limited or removed. The rest will continue. The version accepted with your order governs that order.

Questions, warranty reports, and legal notices may be sent to:

Seller: Okanagan Ventures, carrying on business as ECU5.com
Address: 645 St Annes Rd, Armstrong, British Columbia V0E 1B5, Canada
Email: ca@ecu5.com
Telephone: +1 236-361-5150

Provider: The tune creator or vendor identified on the applicable product page before purchase and repeated in the order confirmation. If no different Provider is identified before purchase, Okanagan Ventures, carrying on business as ECU5.com, is the Provider. Provider-related inquiries may be sent to the Seller using the contact details above.