Terms & Conditions
Please read carefully before using our services
1. Definitions
In these Terms & Conditions:
(a) "Protunes" refers to the business operating this platform, located in , Australia.
(b) "Customer" refers to any individual or entity who registers an account, submits a calibration request, or purchases or downloads any product or service via this platform.
(c) "Calibration File" or "Tuning File" refers to any digital software calibration, engine control unit (ECU) map, patch file, tune file, or related digital asset supplied by Protunes.
(d) "Platform" refers to the Protunes website and any associated online ordering or delivery systems.
(e) "Services" refers to all calibration, tuning, and associated technical services offered by Protunes, whether delivered digitally or otherwise.
2. Acceptance of Terms
By registering an account on this Platform, submitting a calibration request, completing a purchase, or downloading any Calibration File, the Customer acknowledges that they have read, understood, and agree to be legally bound by these Terms & Conditions in their entirety.
If you do not agree to these Terms & Conditions, you must not use this Platform or purchase any Services.
3. Off-Road & Competition Use Only
The Customer acknowledges and agrees that all Calibration Files and engine control modifications supplied by Protunes are supplied strictly for off-road and closed-circuit competition use only.
Protunes does not supply, and will not supply, any Calibration File for use on a vehicle operated on a public road. By accepting these Terms & Conditions, the Customer warrants that they will not install or use any Calibration File supplied by Protunes on any vehicle that is registered for, or operated on, public roads. Any Customer who uses, or facilitates the use of, a Calibration File on a public-road vehicle does so entirely at their own risk. Protunes bears no responsibility whatsoever, and expressly excludes all liability to the maximum extent permitted by law, for any consequence arising from such use — including but not limited to regulatory penalties, defect notices, roadworthiness failures, insurance voidance, personal injury, property damage, and third-party claims.
The Customer accepts full and sole responsibility for:
- Ensuring that any modified vehicle complies with all applicable laws and regulations in the jurisdiction in which it is operated;
- Any fines, penalties, defect notices, roadworthiness failures, or legal consequences arising from the use of a tuned vehicle on public roads;
- Any emissions-related modifications (including but not limited to EGR removal, DPF removal, SCR/AdBlue removal) which may render the vehicle non-compliant with road-use emissions standards;
- Any consequences arising from the removal, bypass, or disabling of any safety, emissions, or engine management control system.
Protunes expressly advises that modifications to emissions control systems may be illegal for road use in Australia and in many other jurisdictions. The Customer warrants that they understand and voluntarily accept all such risks.
4. Digital Delivery & File Downloads
(a) Calibration Files are delivered exclusively by digital means via the Platform. No physical media is supplied.
(b) It is the Customer's sole responsibility to ensure they have the technical capability, compatible hardware interface tools, and appropriate ECU flashing equipment required to utilise any Calibration File prior to purchase.
(c) Protunes does not guarantee compatibility with any specific third-party hardware device, interface tool, or software platform unless expressly stated in the product description.
(d) Once a Calibration File has been downloaded or accessed, the transaction is considered fulfilled for the purposes of digital delivery.
5. Refunds & Cancellations — Digital Goods
(a) Due to the nature of digital goods, Protunes generally does not offer refunds once a Calibration File has been downloaded or accessed, except where required under the Australian Consumer Law (ACL).
(b) Refunds will be provided where a Calibration File is found to contain a major fault, is not fit for the purpose described, or does not match its description — in accordance with the ACL guarantee provisions.
(c) Refunds will not be issued where:
- The Customer purchased the incorrect file for their vehicle;
- The Customer's hardware or interface tools are incompatible;
- The Customer lacks the technical knowledge to apply the file;
- The file has been used, flashed, or applied to a vehicle.
(d) Refund requests must be submitted in writing to Protunes within 30 days of purchase, with a clear description of the alleged defect.
(e) Nothing in this clause limits any right or remedy available to the Customer under the Australian Consumer Law.
6. Limited Warranty
(a) Protunes warrants that Calibration Files will perform to an industry-reasonable standard, to the best of its efforts, for a period of 30 days from the date of purchase.
(b) This warranty covers workmanship defects in the Calibration File itself. It does not cover:
- Mechanical defects, wear, or failures in the Customer's vehicle;
- Damage caused by improper installation or application;
- Damage caused by third-party modifications made after delivery;
- Faults arising from inaccurate vehicle specifications provided by the Customer;
- Use of the Calibration File on a vehicle other than the one for which it was supplied.
(c) Any replacement or corrected Calibration File will be warranted for the remainder of the original warranty period or 30 days, whichever is greater.
(d) Nothing in this clause excludes, restricts, or modifies any guarantee provided to consumers under the Australian Consumer Law.
7. Disclaimer of Other Warranties
To the maximum extent permitted by applicable law (including the Australian Consumer Law where it applies), Protunes disclaims all warranties not expressly stated in these Terms & Conditions, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Nothing in this agreement is intended to exclude, restrict, or modify any rights or remedies that a consumer may have under the Australian Consumer Law or equivalent applicable legislation that cannot lawfully be excluded by agreement.
8. Performance Enhancement Risk — ECU, Engine & Flashing
(a) It is an acknowledged reality that all performance enhancements introduce additional mechanical stress across vehicle components. The Customer acknowledges and accepts that component failures — including but not limited to engine failure, drivetrain failure, turbocharger failure, injector failure, fuelling system failure, and cooling system failure — are a known and foreseeable risk associated with any engine performance optimisation.
(b) The Customer specifically acknowledges the following additional risks associated with ECU flashing and calibration software:
- ECU failure or bricking — the Customer's ECU may become unresponsive, fail to boot, or suffer irreversible corruption during or after a flashing procedure, regardless of the quality of the Calibration File supplied by Protunes;
- Incorrect or failed flashing procedure — errors made by the Customer, their technician, or flashing hardware during the flash process may cause ECU damage, data corruption, vehicle immobilisation, or other harm, independent of the content of the Calibration File;
- Engine failure from calibration — even a correctly applied calibration may reveal pre-existing mechanical weaknesses, or may interact with vehicle wear, third-party modifications, or fuel quality in ways that contribute to engine or component failure;
- Insurance and warranty voidance — the Customer's vehicle manufacturer warranty and/or comprehensive insurance policy may be voided as a result of ECU calibration modifications.
(c) Protunes STRONGLY ADVISES against proceeding if you are unwilling to accept all of the risks described in this clause. Protunes bears no liability for ECU failure, ECU bricking, engine failure, engine damage, incorrect or failed flashing procedures, or any consequential vehicle damage or repair costs — whether arising from the Calibration File content, the flashing process, pre-existing mechanical condition, or any combination thereof. By accepting these Terms & Conditions, the Customer confirms they have been warned of these risks and voluntarily assume full and sole responsibility for any such outcomes.
9. Limitation of Liability
(a) To the maximum extent permitted by applicable law, Protunes and its suppliers shall not be liable for any special, incidental, consequential, or indirect damages, including but not limited to: loss of business profits; business interruption; loss of data; personal injury; death; damage to vehicle mechanical components; accidental vehicle damage; or any other loss arising out of the use of or inability to use any Calibration File or Service — even where Protunes has been advised of the possibility of such damages.
(b) To the maximum extent permitted by law, Protunes's total aggregate liability under or in connection with these Terms & Conditions shall not exceed the amount actually paid by the Customer for the specific Calibration File or Service giving rise to the claim.
(c) Nothing in this clause limits Protunes's liability for death or personal injury caused by its own negligence, or for any liability that cannot lawfully be limited or excluded under the Australian Consumer Law.
(d) Without limiting sub-clause (a), and to the maximum extent permitted by law, Protunes expressly excludes all liability for, and the Customer releases Protunes from all claims in relation to:
- ECU failure, ECU bricking, or ECU damage of any kind arising from or in connection with the flashing or application of any Calibration File;
- Engine failure, engine damage, or drivetrain damage of any kind arising from or in connection with any calibration, tune, or engine performance modification supplied by Protunes;
- Incorrect, failed, or interrupted flashing procedures, whether caused by operator error, incompatible hardware, software faults, power interruptions, communication failures, or any other circumstance;
- Consequential costs arising from any of the above, including repair costs, towing, vehicle recovery, vehicle replacement, or loss of use;
- Any loss, claim, or damage arising from the use of a Calibration File on a vehicle operated on public roads, in contravention of Clause 3 of these Terms & Conditions.
10. Intellectual Property
(a) All Calibration Files, tuning files, maps, calibration data, and related digital materials provided by Protunes remain the exclusive intellectual property of Protunes at all times.
(b) The Customer is granted a limited, non-transferable, non-exclusive licence to use the purchased Calibration File solely for off-road and competition purposes on the specific vehicle for which it was supplied.
(c) The Customer shall not:
- Reproduce, copy, or duplicate any Calibration File in whole or in part;
- Distribute, sell, transfer, sublicense, or share any Calibration File with any third party;
- Reverse-engineer, decompile, disassemble, or tamper with any Calibration File;
- Use any Calibration File on any vehicle other than the vehicle for which it was supplied;
- Publish or publicly disclose any Calibration File or its contents.
(d) Unauthorised reproduction, distribution, or commercial use of Calibration Files may result in civil and/or criminal proceedings to protect Protunes's intellectual property rights.
11. Customer Responsibilities & Accurate Information
(a) The Customer is solely responsible for providing accurate and complete vehicle information at the time of ordering, including make, model, year, variant, ECU type, existing modifications, and any relevant hardware or software configuration.
(b) Protunes accepts no liability for incorrect, incompatible, or non-functional Calibration Files arising from inaccurate or incomplete information provided by the Customer.
(c) Where a Calibration File cannot be completed or delivered due to inaccurate information provided by the Customer, a futile service fee may apply in accordance with Clause 12.
12. Futile Service
A futile service fee may be applied where Protunes is unable to complete or deliver a service due to circumstances including but not limited to:
- (a) The Customer has provided inaccurate, incomplete, or misleading vehicle specifications;
- (b) The Customer's ECU or vehicle cannot be identified or matched to a known calibration base;
- (c) The vehicle or ECU is found to contain pre-existing mechanical defects or third-party modifications that prevent safe or effective calibration;
- (d) The Customer's hardware or flashing equipment is incompatible with the supplied Calibration File and no alternative solution can be provided.
13. Remote Technical Support
(a) Where remote technical support is offered, it is available to Customers operating current and supported operating systems (Windows 10 or later, or macOS equivalents as specified).
(b) Broadband or faster internet connectivity is required for remote support sessions. The Customer is responsible for all data and connection costs incurred on their end.
(c) Where a Customer is unable or unwilling to follow instructions during a remote support session, Protunes reserves the right to terminate the session and may direct the Customer to an alternative service arrangement.
14. Third-Party Service Providers & Referrals
(a) Protunes may, from time to time, refer or redirect Customers to independent third-party workshops, tuners, or service providers ("Third-Party Providers").
(b) Where services are provided by a Third-Party Provider, Protunes acts solely as a referral agent. Protunes is not the supplier of those services, does not control the work performed, and is not a party to any contract between the Customer and the Third-Party Provider.
(c) To the maximum extent permitted by law, Protunes disclaims all responsibility and liability for any acts, omissions, workmanship, advice, or outcomes arising from services provided by Third-Party Providers.
(d) All disputes, warranty claims, or refund requests relating to Third-Party Provider services must be directed solely to the relevant Third-Party Provider.
(e) Nothing in this agreement creates a partnership, joint venture, employment, or agency relationship between Protunes and any Third-Party Provider.
15. Wholesale & Reseller Accounts
Where a workshop or business ("Wholesale Party") purchases services or Calibration Files on behalf of individual vehicle owners, the following conditions apply:
- (a) The Wholesale Party acts as the authorised agent of each individual vehicle owner for the purposes of the services ordered.
- (b) The Wholesale Party must ensure each individual vehicle owner has been made aware of and has agreed to these Terms & Conditions prior to any service being rendered.
- (c) The Wholesale Party is responsible for providing accurate and complete vehicle information for each vehicle, including make, model, year, ECU type, and current modifications.
- (d) Any service charges, futile service fees, or other fees are the responsibility of the relevant individual vehicle owner. The Wholesale Party is responsible for communicating and collecting these from owners accordingly.
- (e) The Wholesale Party acknowledges and accepts all obligations under these Terms & Conditions on behalf of itself and as representative of the individual vehicle owners in all matters relating to the services.
16. Privacy
Protunes collects, stores, and uses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected through this Platform will be used solely for the purposes of providing services, processing orders, and communicating with the Customer. Protunes will not sell or disclose personal information to third parties except as required to deliver services or as required by law.
17. Australian Consumer Law
Where the Customer is a consumer within the meaning of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)):
(a) Nothing in these Terms & Conditions excludes, restricts, or modifies any guarantee, right, or remedy available to the Customer under the Australian Consumer Law that cannot lawfully be excluded by agreement.
(b) To the extent permitted by law, Protunes's liability for a failure to comply with a consumer guarantee is limited to:
- Re-supply of the relevant service or Calibration File; or
- Payment of the cost of having the service or Calibration File re-supplied.
(c) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and a refund for the unused portion, or compensation for its reduced value. You are also entitled to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems remedied.
18. Governing Law & Dispute Resolution
(a) These Terms & Conditions are governed by the laws of Australia.
(b) The parties submit to the non-exclusive jurisdiction of the courts of Australia.
(c) In the event of a dispute, the parties agree to first attempt resolution in good faith through direct communication before initiating formal legal proceedings.
(d) For Customers located outside Australia, Protunes reserves the right to bring proceedings in the jurisdiction where the Customer is located, to the extent permitted by applicable law.
19. Amendments
Protunes reserves the right to amend these Terms & Conditions at any time. Updated terms will be published on the Platform with a revised effective date. Continued use of the Platform following publication of updated terms constitutes acceptance of the amended terms.
20. Severability
If any provision of these Terms & Conditions is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms & Conditions constitute the entire agreement between Protunes and the Customer with respect to the subject matter hereof, and supersede all prior representations, negotiations, arrangements, understandings, or agreements.
