liability release, terms and conditions

TERMS & CONDITIONS, DISCLAIMER & SOFTWARE LICENSE AGREEMENT

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By purchasing, downloading, installing, flashing, or using any product or service from Boost Dynamic Tuning, LLC (“Company,” “we,” “us,” or “our”), you (“Customer,” “Licensee”) acknowledge that you have read, understood, and agree to be legally bound by the following terms.

1. SOFTWARE LICENSE AGREEMENT (LICENSE — NOT A SALE)

All tuning files, ECU/TCU calibrations, software, and related digital products (“Software”) are licensed, not sold.

Boost Dynamic Tuning grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for:

  • One (1) vehicle

  • One (1) ECU/TCU

  • Personal, non-commercial use only

No ownership rights are transferred. All rights not expressly granted are reserved by Boost Dynamic Tuning.

2. STRICT PROHIBITIONS — NO COPYING / NO RESELLING

You may NOT, directly or indirectly:

  • Copy, duplicate, clone, extract, or reproduce the Software

  • Share, resell, redistribute, lease, rent, or sublicense the Software

  • Provide the Software to another person, shop, tuner, or business

  • Upload or distribute the Software in any form

  • Reverse engineer, decompile, disassemble, or derive source data

  • Use the Software as the basis for another tune or calibration

? Any unauthorized sharing or resale constitutes copyright infringement and material breach of this Agreement.

3. VEHICLE & ECU BINDING

Software licenses are locked to a specific vehicle and ECU/TCU.

Use on any other vehicle or ECU without written authorization from Boost Dynamic Tuning constitutes license violation and immediate termination.

4. ENFORCEMENT & REMEDIES

In the event of violation, Boost Dynamic Tuning reserves the right to:

  • Immediately terminate the license

  • Disable or revoke access to the Software

  • Refuse future services

  • Pursue injunctive relief, civil damages, and recovery of legal fees

5. NO RETURNS / FINAL SALE

Due to the digital nature of tuning software:

ALL SALES ARE FINAL once delivery, access, or flashing has occurred.
No refunds, returns, or chargebacks are permitted under any circumstances.

6. EMISSIONS COMPLIANCE NOTICE — COMPETITION USE ONLY

FOR OFF-ROAD / COMPETITION USE ONLY — NOT FOR STREET USE

This product is intended solely for vehicles used in closed-course racing, off-road competition, or motorsport events and is not legal for use on public roads or highways under the Clean Air Act (42 U.S.C. § 7522) or applicable state emissions laws.

This product is not EPA or CARB certified and is not legal for use in California or CARB-adopting states.

Use on emissions-regulated vehicles may result in civil or criminal penalties, including fines up to $45,000 per vehicle.

7. ASSUMPTION OF RISK & WAIVER OF LIABILITY

By purchasing or using Boost Dynamic Tuning products or services, you:

  • Assume all risks associated with performance modifications

  • Acknowledge that tuning may increase stress on vehicle components

  • Accept that modifications may void manufacturer warranties

Boost Dynamic Tuning is not responsible for engine failure, drivetrain damage, loss of use, or warranty denial.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Boost Dynamic Tuning, LLC, its officers, employees, and affiliates from any claims, fines, penalties, damages, or legal fees arising from:

  • Illegal or improper use

  • Emissions violations

  • Misrepresentation of vehicle use

  • Breach of this Agreement

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

Boost Dynamic Tuning shall not be liable for any indirect, incidental, consequential, or punitive damages.

Total liability shall not exceed the amount paid for the product or service.

10. MEDIA RELEASE & CONTENT LICENSE

By submitting photos, videos, messages, reviews, screenshots, or other media (“Content”) to Boost Dynamic Tuning, you grant a perpetual, irrevocable, worldwide, royalty-free license to use such Content for lawful business purposes, including marketing, advertising, and educational use.

You represent that you own or have rights to the Content.
No compensation is owed. Consent cannot be revoked once published.

11. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of the State of South Carolina, United States.

All disputes shall be resolved exclusively in South Carolina courts. You waive any objection to venue or jurisdiction, including under foreign laws.

12. ACCEPTANCE

By completing payment, flashing, downloading, or using any Boost Dynamic Tuning product or service, you acknowledge that you have read, understood, and agreed to this Agreement in its entirety