Fair dealer terms

1. Who can open an account

1. Anyone aged 18 or over can open a dealer account: a business (a company, a partnership or a sole trader) or a private person.
2. Tell us which you are when you apply or register. You are a private person (a consumer) if you use the account mainly for yourself, for example to tune your own car, and not for a trade or business. If you tune other people's vehicles as a job, even on your own, you are a business.
3. Some parts of these terms are only for businesses or only for private people, and say so. Clause 13 is for private people. If you are a private person, nothing in these terms takes away your legal rights.
4. Please keep your account details accurate and your password private. You are responsible for everything done through your account.

2. Our service

1. We modify the ECU and TCU files you upload, according to the options you choose, and return them through the portal. We may decline any file or request without giving a reason.
2. Power and torque figures shown in the portal are estimates, not guarantees. Results depend on the vehicle, its condition, its fuel and hardware, and how the file is written.
3. Turnaround times are targets, not guarantees.

3. Your responsibilities

1. You must read and write files competently, with suitable tools in working order, and keep a backup of every original file.
2. You must check that the vehicle is in good mechanical condition before and after the work.
3. You must tell your customer that the vehicle has been modified, and that this can affect their insurance (they must tell their insurer about it), their manufacturer warranty and their MOT or roadworthiness test. If the vehicle is your own, you must tell your insurer about the modification.
4. You are responsible for the work carried out on the vehicle and for what you sell to your customer.

4. Off-road use only: restricted solutions

1. "Emission-related solutions" means any change that removes, disables or alters an emission-control system or its monitoring, for example DPF/GPF/OPF, EGR, AdBlue/SCR, NOx sensors, lambda/O2 sensors, catalytic converters, secondary air, EVAP and swirl flaps.
2. Where we supply an emission-related solution, it is supplied strictly for off-road, motorsport and competition use, and only for vehicles that are not used on public roads. It is not supplied for road use.
3. Using a vehicle on public roads with emission-control equipment removed or disabled is an offence in the United Kingdom and in many other countries. It will cause the vehicle to fail its MOT or roadworthiness test, and it may make the vehicle's insurance invalid.
4. You must not request, fit or sell an emission-related solution for a vehicle that you know or suspect will be used on public roads, and you must tell your customer about this restriction in writing.
5. Speed limiter solutions must not be used on vehicles that the law requires to have a working speed limiter (for example goods vehicles over 3.5 tonnes, buses and coaches) while those vehicles are used on public roads.
6. Where we supply an immobiliser solution, it is only for repairs or ECU replacement, and only after you have checked that your customer is the lawful owner or keeper of the vehicle.
7. You are responsible for making sure that the vehicle, and the way it is used, comply with the law of the country where it is used.
8. If you break this clause 4, or misuse any file we supply, you will indemnify us against (that is, cover us in full for) any claim, fine, penalty, loss or cost we suffer as a result.

5. Prices, credit and payment

1. Your prices are shown in the portal when you are logged in, and they may change. The price that applies to a file is the one shown when you submit it.
2. Credit bought for your account is prepaid and is used to pay for files and services. For businesses, credit is not refundable as cash, except where the law requires it. Private people can get credit back as clause 13 explains.
3. If we cannot provide a solution for a file you have paid for, we will cancel it and return the charge to your credit balance.
4. If you are a private person, the price shown to you is always the total you pay. Invoices are available in the portal.
5. Offers and bonus credit come with their own terms, which we give you with the offer.
6. There is no joining fee, no monthly fee and no minimum number of files: you pay only for the files and services you order.

6. Files and information

1. We keep uploaded and modified files for a limited time, and may use them to process similar files faster in future.
2. You confirm that you have the right to send us each file and any vehicle or customer details you upload.
3. How we use personal information about you is explained in the portal's privacy notice and in our privacy policy.

7. Your customers stay yours

1. The people whose vehicles you work on are your customers. You agree the work and the price with them directly, and we are not part of that agreement.
2. We never sell or share your files or your customers' details with other dealers.
3. We use the files, vehicle details and customer details you upload only to provide our service to you: to process your files, run your account, improve our service as clause 6.1 explains, keep the records the law requires and keep the portal secure.

8. Live feed and your opt-out

1. We don't publish a feed of completed files at the moment. If we start one, for example on a live page on this website, this clause applies to it.
2. The feed shows only the make and model of the vehicle and the type of work, such as a Stage 1 or gearbox file. It never shows your name or business, your town, the tool you used, your customer or the vehicle's registration number.
3. A file appears no sooner than 24 hours after it was completed. Files covered by clause 4 never appear.
4. You can opt out at any time by telling us on WhatsApp or by email. From then on we leave your files out of the feed, and we take down any of your files already shown. Opting out costs nothing and changes nothing else about your account.
5. We may also publish totals worked out from all dealers' files, such as how many files we completed in a month or our median return time. Totals never identify you or your customers.

9. Messages we send you

1. We contact you by email and WhatsApp, using the details you give us, about your account, your files and payments. Support for your files is in the dealer portal. These messages are part of the service.
2. We may also send you tips and offers about our own services. You can stop them at any time: reply STOP to any WhatsApp message, use the unsubscribe link in any email, change the setting in your portal profile where there is one, or simply tell us.

10. Liability

1. Businesses: we are not liable for any damage to a vehicle or ECU caused by reading or writing files, by faulty tools, by the vehicle's condition, or by using a file in a way these terms do not allow.
2. Businesses: we are not liable for loss of profit, loss of business, or any indirect or consequential loss.
3. Businesses: our total liability for any file or service is limited to the price you paid for it.
4. Private people: we are responsible for loss you suffer that is a foreseeable result of our breaking these terms or not using reasonable care and skill. If a file we supplied damages your ECU or other software because we did not use reasonable care and skill, we will repair the damage or pay you fair compensation. We are not responsible for loss we could not have foreseen, or for damage caused by your tool, an interrupted read or write, the vehicle's condition, or using a file in a way these terms do not allow. Your rights as a consumer are in clause 13.
5. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

11. Suspending and closing accounts

1. We may suspend or close your account if you break these terms, especially clause 4, or if we suspect misuse.
2. You can stop using the portal at any time, and ask us to close your account by email or on WhatsApp.
3. Businesses: unused credit on a closed account will be dealt with fairly and in line with the law.
4. Private people: when your account closes, we pay back the credit you paid for and haven't used, to the card or account you paid with. Files use the credit you paid for first (clause 13.3). Free credit from an offer ends with the account.

12. Changes and law

1. We may update these terms. We will tell you about important changes, and using the portal afterwards means you accept them. The date at the top of this page shows the latest version. If you are a private person, we tell you about any change that affects you, by email or WhatsApp, at least 30 days before it applies. If you don't accept it, you can close your account before then, and we pay back the credit you paid for and haven't used.
2. These terms are governed by the law of England and Wales. Businesses agree that the courts of England and Wales have exclusive jurisdiction. If you are a private person living in Scotland or Northern Ireland, you can also bring proceedings in your local courts.

13. If you are a private person (a consumer)

1. This clause is only for private people (clause 1.2). The rest of these terms applies to you too, including clause 4 (off-road use only), which applies to every account. Where this clause and another clause differ, this clause applies to you.
2. Clause 4.8 for you. For private people, clause 4.8 means you pay us for the reasonable loss and costs that your breach of clause 4, or your use of a file in a way these terms don't allow, causes us. It does not cover loss we caused ourselves.
3. What we supply. Tuning files are digital content: we change the file you upload, as you ask, and send it back to you through the portal. You pay for files with credit: you top up your account in advance, and each file uses credit at the price shown when you order it. Files use the credit you paid for first, then free credit. The prices and top-ups shown to you are the total you pay.
4. Your 14-day right to cancel. You can cancel a top-up within 14 days of paying for it, without giving a reason. We then pay back the credit you paid for and haven't used, up to the amount of that top-up, within 14 days, to the card or account you paid with. Free credit from an offer that came with the top-up goes with it.
5. Files start straight away. Each file is made for your vehicle, and you want it quickly. So when you apply, you tick a box to ask us to start every file as soon as you order it, even within the 14 days, and to confirm that you understand that your right to cancel a file ends once the file is supplied: once we have sent you a file, you can't cancel it. We start your first file only after you have ticked the box and we have sent you our confirmation (clause 13.10). If you cancel a file before we send it, we return its charge to your credit.
6. How to cancel. Tell us before the 14 days end, on WhatsApp on +44 7777 370040 or by email to [email protected]. You don't need to give a reason. You can use the model cancellation form below, but you don't have to.
7. Your rights. The law says the files we supply must be as described, fit for purpose and of satisfactory quality, and that we must use reasonable care and skill. If a file is not right, tell us: we will fix it or send you a new one. If we can't, or if that doesn't put it right, you can have a price reduction or your money back for that file. This is a short summary of your rights under the Consumer Rights Act 2015; Citizens Advice has more detail.
8. Nothing takes your rights away. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't let us limit (clause 10.5), and nothing in these terms reduces your legal rights as a consumer. If you live outside the UK, you may also have rights under the consumer law of your own country.
9. Closing your account. When your account closes, we pay back the credit you paid for and haven't used (clause 11.4).
10. Our confirmation to you. Before we start your first file, we send you by email (or on WhatsApp if we have no email for you) a copy of these terms, version 1.1, as a PDF. It confirms that you are a private person, that you asked us to start each file straight away, and that you understood you lose your right to cancel a file once it is supplied.

14. Who we are

The supplier of the dealer service is: