Terms of service

Last Updated: 8/20/2022

1. OVERVIEW & ACCEPTANCE OF TERMS

This website and all related services are operated by DGTune, a sole proprietorship operated by an individual based in the State of Georgia (“DGTune,” “we,” “us,” or “our”). By accessing, browsing, or using this website, purchasing any product or service, or otherwise engaging with DGTune in any manner, you (“you,” “user,” or “customer”) agree to be legally bound by these Terms of Service (“Terms”).

If you do not agree to all terms, conditions, limitations, and disclaimers contained herein, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and DGTune.

2. ELIGIBILITY & USER REPRESENTATIONS

By using the Service, you represent and warrant that:

  • You are at least the age of majority in your jurisdiction

  • You have full legal capacity to enter into this agreement

  • You will comply with all applicable laws and regulations

  • You will not use the Service for unlawful, abusive, fraudulent, or unauthorized purposes

Any violation may result in immediate termination without notice.

3. SCOPE OF SERVICES & NO PROFESSIONAL ADVICE

All products, services, tools, diagnostics, recommendations, information, and content provided by DGTune are offered for general informational and commercial purposes only.

DGTune does NOT provide:

  • Engineering advice

  • Mechanical advice

  • Automotive guarantees

  • Performance guarantees

  • Legal, financial, or professional advice of any kind

You expressly acknowledge that any reliance on our Services is entirely at your own risk.

4. ASSUMPTION OF RISK

You acknowledge and agree that:

  • Use of the Service may involve inherent risks

  • Outcomes may vary

  • Equipment, systems, software, data, or performance may be affected

  • Errors, incompatibilities, failures, or losses may occur

You voluntarily assume all risks, known and unknown, arising from use of the Service.

5. ORDERS, PRICING & PAYMENT

  • All prices are subject to change without notice

  • DGTune reserves the right to refuse or cancel any order

  • All sales are final unless explicitly stated otherwise in writing

  • Digital services, diagnostics, labor, and custom work are non-refundable

You agree not to initiate chargebacks or payment disputes without first contacting DGTune. Fraudulent chargebacks may result in termination and collection actions.

6. ACCURACY OF INFORMATION

We make no warranties that:

  • Content is accurate, complete, or current

  • Errors will be corrected

  • Results will meet expectations

All content is provided “AS IS”.

7. THIRD-PARTY SERVICES & TOOLS

DGTune may rely on third-party platforms, tools, processors, or providers. We:

  • Do not control third-party services

  • Are not responsible for their performance or failures

  • Provide access “AS IS” and “AS AVAILABLE”

Your use of third-party tools is at your own risk.

8. INTELLECTUAL PROPERTY

All content, branding, logos, text, graphics, and materials are the exclusive property of DGTune and may not be copied, reproduced, distributed, or exploited without written permission.

9. USER SUBMISSIONS

Any feedback, comments, ideas, or submissions you provide may be used by DGTune without restriction, compensation, or obligation.

You represent that your submissions do not violate any third-party rights.

10. PROHIBITED USES

You may not use the Service to:

  • Violate laws or regulations

  • Infringe intellectual property

  • Transmit malware or harmful code

  • Misrepresent identity

  • Interfere with system security

Violations result in immediate termination.

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • ACCURACY

  • DURABILITY

  • NON-INFRINGEMENT

DGTUNE MAKES NO GUARANTEES OF RESULTS, PERFORMANCE, OR OUTCOMES.

12. LIMITATION OF LIABILITY (CRITICAL)

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • DGTUNE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

  • THIS INCLUDES LOSS OF PROFITS, DATA, REVENUE, BUSINESS, OR EQUIPMENT

TOTAL LIABILITY SHALL NOT EXCEED:

The total amount paid by you to DGTune in the 90 days preceding the claim, or $100, whichever is less.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DGTune, its owners, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and attorneys’ fees arising from:

  • Your use of the Service

  • Your violation of these Terms

  • Your violation of any law or third-party rights

14. FORCE MAJEURE

DGTune shall not be liable for delays or failures caused by events beyond reasonable control, including but not limited to:

  • Internet outages

  • Platform failures

  • Acts of God

  • Government actions

  • Supply chain disruptions

15. TERMINATION

We may terminate or suspend access at any time, without notice, for any reason.

Termination does not relieve you of payment obligations.

16. SURVIVAL

The following sections survive termination:

  • Disclaimers

  • Limitation of Liability

  • Indemnification

  • Arbitration

  • Governing Law

  • Intellectual Property

17. BINDING ARBITRATION & CLASS ACTION WAIVER

ANY DISPUTE arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association, in Forsyth County, Georgia.

YOU AGREE TO:

  • WAIVE THE RIGHT TO A JURY TRIAL

  • WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION

Disputes must be brought individually only.

18. GOVERNING LAW & VENUE

These Terms are governed exclusively by the laws of the State of Georgia, without regard to conflict-of-law rules.

19. SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in full force.

20. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and DGTune and supersede all prior agreements.

IMPORTANT – LEGAL NOTICE AND CUSTOMER CERTIFICATION

All products, software, calibrations, services, technical assistance, documentation, and support provided by DGTune are STRICTLY LIMITED to use on closed-course racing vehicles or off-road vehicles that:

  • Are NOT registered

  • Are NOT licensed

  • Are NOT titled

  • Are NOT operated on public roads or highways

  • Are NOT classified as pollution-controlled motor vehicles

DGTune does NOT design, sell, market, authorize, recommend, encourage, assist, or support the use of any product or service on any vehicle subject to emissions regulations, including but not limited to vehicles governed by the United States Clean Air Act, EPA regulations, or any state or local emissions laws.

The use of any product, software, calibration, or service to disable, defeat, bypass, remove, alter, or interfere with emissions control systems on a pollution-controlled motor vehicle IS ILLEGAL under federal law and may result in severe civil and criminal penalties, including fines and enforcement actions.

DGTune makes NO representations, warranties, or assurances regarding the legality of any product or service for any specific vehicle, jurisdiction, use case, or application.

SOLE RESPONSIBILITY OF THE CUSTOMER

The customer is SOLELY AND EXCLUSIVELY RESPONSIBLE for:

  • Determining vehicle classification

  • Ensuring compliance with all federal, state, and local laws

  • Verifying lawful installation, configuration, and use

  • Any consequences arising from misuse, illegal use, or misrepresentation

CUSTOMER CERTIFICATION & ACKNOWLEDGMENT

By purchasing, downloading, installing, accessing, or using any product or service from DGTune, you expressly certify, acknowledge, and agree that:

  • The vehicle associated with this purchase is a racing or off-road vehicle not subject to emissions regulations

  • You will not use any product or service on a pollution-controlled motor vehicle

  • You will not operate any modified vehicle on public roads

  • You understand that misuse may violate federal and state law

  • You assume ALL legal, financial, civil, and criminal risk associated with use

LIMITATION OF LIABILITY

DGTune EXPRESSLY DISCLAIMS ALL LIABILITY for:

  • Illegal use

  • Improper installation

  • Misrepresentation by the customer

  • Regulatory violations

  • Fines, penalties, enforcement actions, or damages of any kind

Any use contrary to this notice is unauthorized, outside the scope of sale, and undertaken entirely at the customer’s risk.

NO ASSISTANCE FOR ILLEGAL USE

DGTune will NOT provide guidance, recommendations, troubleshooting, or support for any use that may violate emissions, environmental, or vehicle-operation laws.

If DGTune reasonably believes a product or service is being used unlawfully, service may be immediately terminated without notice, with no refund.

21. CONTACT INFORMATION

DGTune Shop
Email: dgtuneservices@gmail.com
Phone: 941-202-2290
Address: 3300 Shore Drive, Cumming, GA 30040