These terms cover your use of www.UTxVM.com, your account, and anything you
buy from Unleashed Tuning × VanDeYacht Motorworks. By using the site, signing
in to your account, placing an order, or installing a file we supply, you
agree to them.
1. Using the Website
Please use the site lawfully. When you use it, please don't:
- Misuse the site or interfere with how it runs
- Try to reach parts of the site you aren't meant to access
- Use the site in a way that could harm Unleashed Tuning × VanDeYacht
Motorworks or the people who use it
2. Your Account
Your account holds your orders, files, and messages with us, under the email
address you order or write to us with. You sign in with a link we send to that
address, so anyone who can open your email can open your account. Please keep
your email secure, and tick Remember me only on a device that's yours.
The first time you sign in, and again after these terms change, you'll be asked
to agree to them. You agree that we can send you order, ticket, and account
messages by email, and that they count as written notice. We may suspend or
close an account that's being misused.
3. Services and Content
We provide powertrain recalibration services, informational content, and
digital products. A recalibration is custom work made for one specific
vehicle, based on the information you give us and the data you send back
during revisions. It isn't a physical good or a stock item.
4. Your Vehicle
Every recalibration is written for the vehicle you describe, so a good result
depends on a few things from you:
- The vehicle is mechanically sound and well maintained before a file goes
on, and it stays that way
- The details you give us are complete and correct, including the VIN,
strategy code, device and serial, fuel, and every powertrain modification
- You let us know when anything changes, including hardware, fuel, or how the
vehicle is used
- Files go only on the vehicle they were written for, using a supported
device
- You follow the instructions that come with a file, including anything about
fuel, monitoring, or logging
- If the vehicle behaves in a way you didn't expect, a warning light comes on,
or a fault code is stored, you stop driving it and contact us
We work from what you tell us. We can't inspect your vehicle, so we don't
verify its condition, its hardware, or the details you report.
5. Risk
Any change to a vehicle's powertrain carries some risk. Engines, transmissions,
and driveline parts can fail, and a modified vehicle can behave differently from
a stock one. Mechanical condition, fuel quality, maintenance, hardware, driving
style, and use all play a part, and those are outside our control.
By ordering, you accept that risk. The decision to modify your vehicle, and how
it is driven afterwards, are yours.
6. Emissions and Compliance
We don't tune any vehicle with emissions equipment removed, and we don't
provide recalibrations that disable, bypass, or interfere with emissions control
systems. We also don't sell tuning devices or recalibrations for vehicles
registered in California.
It's up to you to make sure the configuration you order, and the way you use
your vehicle, meet the laws that apply to you. That includes federal, state, and
local rules, emissions and inspection requirements, and the rules of any
sanctioning body you compete under. If you're unsure whether a configuration
suits your vehicle or how you use it, ask us before ordering.
7. Manufacturer Warranty
A manufacturer or dealer may decline a warranty claim on a recalibrated vehicle.
How they handle a claim is between you and them and outside our control, so we
can't say how your vehicle will be treated, and we don't reimburse declined
claims.
8. Payments, Revisions, and Refunds
Each recalibration is custom work for one vehicle, so all sales are final. Once
work has begun or a file has been delivered, we can't offer refunds, returns,
cancellations, or exchanges.
Your order includes the recalibration and the revisions needed to finish it,
worked through with you while the vehicle matches what you told us. If something
isn't right, the fix is a revision, and revisions are included. If we made an
error, we'll correct it. Anything beyond that, such as a refund or credit, is at
our discretion and isn't an admission of fault or liability.
If the hardware changes and we aren't told, work on the file pauses. A changed
vehicle starts again from a new baseline as new work.
If there's a problem, please come to us first. While a chargeback or payment
dispute is open, support and revisions on that vehicle may be paused.
9. Disclaimer of Warranties
All products, services, files, and content are provided
“as is” and “as available”, without warranty of any
kind. To the fullest extent the law allows, Unleashed Tuning × VanDeYacht
Motorworks disclaims all warranties, express or implied, including the implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement.
We don't guarantee any particular power figure, performance result, fuel
economy, drivability, reliability, durability, emissions result, or regulatory
compliance. Nothing we say or write creates a warranty that isn't in these
terms.
10. Limitation of Liability
To the fullest extent the law allows, Unleashed Tuning ×
VanDeYacht Motorworks isn't liable for indirect, incidental, special,
consequential, exemplary, or punitive damages, or for loss of use, loss of
profits, loss of data, loss in value, towing, rental, storage, downtime, labor,
or diagnostic costs, arising from any product or service we provide. That holds
whether the claim is in contract, warranty, tort, strict liability, or
otherwise, and even if we were told such damages were possible.
Our total liability for all claims relating to a vehicle is
limited to the amount you paid us for the product or service the claim is
about.
That includes claims for engine, transmission, or driveline damage, for a
declined warranty claim, or for any fine, penalty, or enforcement action.
Some places don't allow certain damages to be excluded or limited, so parts of
this section may not apply to you. Nothing in these terms excludes liability
that the law doesn't allow to be excluded.
11. Indemnification
If a claim, loss, fine, penalty, or expense, including reasonable legal fees,
comes from your use of a file or service, your use of the vehicle, a breach of
these terms, or not following a law that applies to you, you agree to cover it
and to hold Unleashed Tuning × VanDeYacht Motorworks, its members, and anyone
working on its behalf harmless.
12. License to Use a File
A recalibration is licensed to you for the one vehicle it was written for. It
isn't sold, and ownership doesn't transfer to you. Please don't copy, share,
resell, publish, sublicense, or reverse engineer a file, or install it on
another vehicle. If the vehicle is sold, the license ends unless we agree
otherwise in writing.
13. Intellectual Property
Everything on this site, including text, graphics, logos, files, and code,
belongs to Unleashed Tuning × VanDeYacht Motorworks or its licensors and is
protected by copyright and trademark law. Please get our written permission
before reproducing, modifying, or redistributing any of it.
14. Tools and Published Information
Calculators, reference figures, and other information on this site are general
guidance. They don't replace measurement, testing, or your own judgment, and we
aren't liable for results that come from relying on them.
15. Third-Party Links
We may link to other websites or tools. We aren't responsible for their
content, terms, or privacy practices.
16. Events Outside Our Control
We aren't responsible for a delay or a failure caused by something outside our
reasonable control, such as an outage at a service we rely on, a change made by
a device or software maker, a natural event, or a government action.
17. Resolving a Problem
If something goes wrong, please email us first. Tell us what happened and what
you'd like us to do, and give us 30 days to put it right before you bring a
claim. Most problems are settled this way.
To the extent the law allows, a claim is brought by you individually, and not
as part of a class or representative action.
18. Time Limit on Claims
Any claim relating to these terms, or to a product or service we provide, needs
to be brought within one year of when it arises. After that it can no longer be
brought, unless the law requires a longer period.
19. Governing Law and Venue
These terms are governed by the laws of the State of Wisconsin, without regard
to its conflict of law rules. Any dispute relating to these terms, or to a
product or service we provide, will be handled only in the state courts in
Brown County, Wisconsin, or the federal court for the Eastern District of
Wisconsin, and you agree to their jurisdiction.
20. Severability and Waiver
If any part of these terms can't be enforced, it will be adjusted as little as
needed to make it enforceable, or removed if it can't be, and the rest still
applies. If we don't enforce a provision, that doesn't mean we've given it
up.
21. Entire Agreement
These terms, with the Refund Policy and the Privacy Policy, are the whole
agreement between you and us about the site and any product or service we
provide, and they replace any earlier understanding on the same subject. We may
pass these terms to a business that takes over the service. You may not pass
them to anyone else without our written agreement.
22. Changes to These Terms
We may update these terms from time to time. A new version is posted here with
its effective date, and you'll be asked to agree to it the next time you sign in
to your account. The version in effect when you place an order applies to that
order. Continuing to use the site means you accept the updated terms.
23. Contact
If anything here is unclear, email
info@UTxVM.com and ask before you order.
