Refund & Returns Policy

1. Nature of Our Products

Protunes supplies both digital products and physical products.

Digital products are bespoke calibration files (also referred to as "tune files", "ECU maps", or "Calibration Files") engineered on a per-order basis for a specific vehicle, engine variant, and ECU configuration provided by the Customer. The remainder of this policy concerns those digital products.

Physical products — performance parts, hardware, tools and accessories — are covered by the Physical Parts & Hardware section at the top of this page, which sets out our dispatch times, transit times and return position. The digital-file limitations below do not apply to physical products.

Because each Calibration File is custom-produced to order and has no resale value to any other Customer:

• The files are custom-made digital goods, made to order for one vehicle, and cannot be taken back and supplied to anyone else;
• There is no refund for change of mind, a decision not to proceed, an incorrect order, or inability to use the file, and no warranty of any kind is given on a Calibration File;
• Once a Calibration File has been downloaded, accessed, or flashed to any ECU, the digital delivery is considered fully performed.

2. What the Law Requires

Calibration Files are not refundable and carry no warranty from Protunes. The only exceptions are these:

• If we cannot supply a Calibration File you have paid for, we refund what you paid for it.
• If a Calibration File has a defect in the file itself, as we supplied it, and you report it as section 5 describes, we will correct it or supply it again; if we cannot do so within a reasonable time, we refund the price paid for that file. That is our only obligation for a defective file (Terms & Conditions, clause 9(c)).
• If you acquire a Calibration File as a consumer under the Australian Consumer Law (ACL), it comes with consumer guarantees that cannot be excluded. Where the file has a major failure — it does not function as described, contains a material error attributable to Protunes, or is not fit for the stated purpose — or is substantially different from the description or specification confirmed at the time of order, you may be entitled to a refund or replacement at your election. Where the failure is not major, Protunes may first remedy it by correcting or re-supplying the Calibration File.

These are rights the law gives you, not a warranty from us, and nothing in this policy limits them. Where you do not acquire a Calibration File as a consumer under the ACL — for example, a Trade Customer acquiring it to apply to, or supply for, another person's vehicle — the consumer guarantees do not apply to that purchase and no refund is available.

3. Circumstances Where No Refund Applies

Beyond what section 2 describes, no refund, credit or replacement is provided in any circumstance, including where:

• The Customer supplied incorrect or incomplete vehicle specifications, including but not limited to incorrect ECU variant, modification level, or hardware configuration;
• The Customer's hardware (e.g. flash interface tool, cable, or device) is incompatible with the supplied file format;
• The Customer does not possess the technical knowledge required to apply the file and did not disclose this limitation prior to ordering;
• The Calibration File has been flashed, applied, or used on any vehicle or ECU, unless the file itself is faulty (section 2);
• The Customer changes their mind after delivery;
• The Customer's vehicle has pre-existing mechanical faults, ECU faults, or hardware defects that prevent effective calibration;
• Any third party has modified the Calibration File after delivery by Protunes;
• The Calibration File includes an emissions-related modification and was purchased for, or used on, a vehicle operated on public roads, or any file was used contrary to clause 3 of our Terms & Conditions.

4. No Refund After Flashing

Protunes does not provide a refund for a Calibration File that has been flashed (written) to an ECU — for change of mind, or for any reason other than a fault in the file itself (section 2). This does not limit your rights under the ACL if the file has a major failure. Flashing a Calibration File irrevocably applies the calibration to the vehicle's engine management system. This action constitutes full utilisation of the delivered digital product.

The Customer assumes all risk associated with the flashing process, including but not limited to:

• ECU damage, failure, or bricking during or after the flashing procedure;
• Vehicle immobilisation resulting from a failed, interrupted, or incorrect flash;
• Engine or drivetrain damage arising after the calibration is applied.

Please refer to our Terms & Conditions for the full disclaimer regarding ECU failure, engine failure, and incorrect flashing risk.

5. Reporting a Suspected Fault

If you believe a Calibration File supplied by Protunes is defective or does not match its described specification:

1. Contact Protunes in writing within 7 days of the file being delivered to your account — or, for a fault that could only appear once the file was flashed, within 7 days of it becoming apparent;
2. Provide your order reference number, a clear description of the alleged defect, and any relevant supporting evidence (e.g. ECU diagnostic readouts, error logs, flash tool screenshots);
3. Allow Protunes a reasonable opportunity to assess the report and, where section 2 requires a remedy, to correct or re-supply the file before any refund is considered.

For a consumer under the ACL, a later report does not remove any right described in section 2. For any other Customer, including a Trade Customer who does not acquire the file as a consumer, a report made outside those periods is not accepted.

6. Account Credit

Account credit issued by Protunes may be applied to future orders at checkout. It is non-refundable once applied to an order, is not redeemable for cash and is not transferable — except where you are entitled to a refund under the ACL, in which case we refund to your original payment method on request. Protunes may apply account credit against any outstanding balance.

7. Change of Mind — Calibration Files

Protunes does not offer refunds or exchanges for change of mind on Calibration Files. (Physical parts have their own change-of-mind terms, set out in the Physical Parts & Hardware section at the top of this page.) This includes, but is not limited to, situations where:

• You decide not to proceed with a vehicle modification after placing your order;
• You sell, transfer, or write off the vehicle for which the Calibration File was supplied;
• Your personal or business circumstances change after ordering;
• You find a lower price elsewhere after purchase.

8. Off-Road Use & Regulatory Non-Compliance

A Calibration File that includes an emissions-related modification (for example EGR, DPF, SCR/AdBlue, catalyst or GPF removal) is supplied strictly for off-road and closed-circuit competition use only. For every other file, compliance with road-use laws is the Customer's responsibility (Terms & Conditions, clause 3). No refund will be granted on the basis that a Calibration File rendered a vehicle non-compliant with road-use emissions standards, roadworthiness requirements, or any other regulatory framework, as such regulatory consequences are the sole responsibility of the Customer.

9. Governing Law & Disputes

This Refund & Returns Policy forms part of our Terms & Conditions and is governed by the laws of Victoria, Australia, and the Commonwealth laws applying there. The parties submit to the non-exclusive jurisdiction of the courts of Victoria. Nothing in this section limits a consumer's right to bring a claim in the State or Territory where they live.

Customers may also seek assistance from the following consumer bodies:

• Consumer Affairs Victoria
• Australian Competition and Consumer Commission (ACCC)

10. Contact

KVC Technology Pty Ltd trading as Protunes Engine Management
ACN 698 813 062 · ABN 74698813062
Office : 16 Somerton Park Dr, Campbellfield 3061
Melbourne, Australia
Email: [email protected]