END USER LICENSE AGREEMENT (EULA) & TERMS OF SERVICE

END USER LICENSE AGREEMENT (EULA) & TERMS OF SERVICE

This End User License Agreement (“Agreement”) and Terms of Service (“Terms”) constitute a legally binding agreement between you (“End User,” “Customer,” or “You”) and AMR Performance (“Company,” “We,” “Us,” or “Our”) governing your purchase, access, and use of all software, firmware, calibrations, tuning files, handheld devices, cables, dealer tools, and related services (collectively, the “Products” and “Services”).

By purchasing, downloading, installing, flashing, accessing, or using any of our Products or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you do not agree, do not purchase or use the Products.

1. LICENSE GRANT

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the software and calibration files solely:

  • On the vehicle ECU/TCU/CPC for which the license was issued
  • For your personal or business use (if purchased as a dealer)
  • In accordance with all documentation and instructions provided

No ownership rights are transferred. All intellectual property remains the sole property of Company.

2. VEHICLE LOCKING & SOFTWARE MATCHING

Software licenses are cryptographically matched to:

  • ECU Software Number
  • Calibration ID
  • Flash Counter
  • VIN and/or hardware identifiers

If any of the following occur, the license is automatically void:

  • Flashing over AMR software with another vendor’s file
  • Installing stock or third-party software over AMR calibration
  • ECU cloning or immo/VIN manipulation
  • Flash counter alteration outside Company tools
  • Boot/bench writing outside authorized processes

Once overwritten, the original software license cannot be restored or reissued without repurchase.

3. ACCOUNT ACCESS & TERMINATION

We reserve the right to suspend or permanently terminate accounts, software access, or subscriptions if we detect:

  • Unauthorized file manipulation
  • Software tampering or reverse engineering
  • Account sharing
  • Dealer credential misuse
  • Chargebacks or payment disputes
  • Defamation or commercial harm against the Company
  • Fraudulent activity or misrepresentation

Termination may occur without notice.

4. NO REFUNDS POLICY

Due to the digital and irreversible nature of ECU/TCU/CPC flashing:

  • All sales are final
  • Software purchases are non-refundable
  • Subscriptions are non-refundable
  • Unlock services are non-refundable
  • Labor and bench services are non-refundable

Once software is flashed or delivered, it is considered consumed.

5. OFF-ROAD / RACE USE DISCLAIMER

All tuning software and performance products are sold for:

Off-road, racing, or competition use only.

You acknowledge:

  • Products may not comply with emissions laws
  • Use on public roads may violate local/state/federal regulations
  • It is your responsibility to ensure legal compliance

Company makes no representation that Products are street legal.

6. EMISSIONS & COMPLIANCE

You agree that:

  • You are responsible for emissions compliance
  • Disabling O2, EVAP, DPF, EGR, or other emissions systems may violate law
  • Company is not liable for inspection failures, fines, or penalties

Any emissions modification is performed at your sole risk.

7. VEHICLE WARRANTY DISCLAIMER

You acknowledge that:

  • Vehicle manufacturers may void warranties
  • Dealerships may detect ECU modifications
  • Flash counters and CVNs may change

Company is not responsible for warranty denial or dealership claims.

8. PERFORMANCE & MECHANICAL RISK

Performance tuning increases stress on vehicle components.

You assume all risks including but not limited to:

  • Engine failure
  • Transmission failure
  • Turbocharger failure
  • Fuel system damage
  • Drivetrain damage

Proper supporting modifications and maintenance are your responsibility.

9. INSTALLATION & MECHANICAL LIABILITY

Company is not responsible for damage caused by:

  • Improper installation of hardware
  • Incorrect fuel pump installation
  • Faulty injectors or sensors
  • Mechanical defects
  • Pre-existing engine issues

Mechanical condition must be verified before tuning.

10. DATA LOGGING & DIAGNOSTICS

Company may request datalogs for support.

You acknowledge:

  • Logs reflect vehicle condition at time of capture
  • Improper operation or abuse may void support
  • Refusal to provide logs may limit assistance

11. DEVICE & HANDHELD USAGE

Handhelds and flashing tools are licensed, not sold.

You may not:

  • Reverse engineer firmware
  • Extract files
  • Clone devices
  • Modify operating software
  • Use outside Company ecosystem

Devices remain Company intellectual property.

12. SOFTWARE UPDATES

We may deploy:

  • Calibration revisions
  • Security patches
  • Feature updates
  • Compatibility fixes

Updates may be mandatory for continued functionality.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Company shall not be liable for:

  • Vehicle damage
  • Loss of use
  • Lost revenue
  • Downtime
  • Towing costs
  • Repair costs
  • Consequential damages

Total liability shall not exceed the amount paid for the Product.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Company from any claims arising from:

  • Illegal road use
  • Emissions violations
  • Racing incidents
  • Mechanical failures
  • Third-party damages

15. CHARGEBACK & PAYMENT DISPUTES

Initiating a chargeback or payment dispute constitutes breach of this Agreement.

We reserve the right to:

  • Immediately revoke software access
  • Terminate accounts
  • Blacklist devices
  • Pursue collections or legal recovery

16. EXPORT & INTERNATIONAL USE

You are responsible for compliance with:

  • Import/export laws
  • Customs regulations
  • Local emissions laws
  • Vehicle compliance standards

17. DEFAMATION & COMMERCIAL HARM

False statements, defamatory claims, or public misrepresentation causing harm to Company may result in:

  • Immediate account termination
  • Revocation of software licenses
  • Legal action for damages

18. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

Any disputes shall be resolved in the courts of Florida.

19. SEVERABILITY

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

20. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Company and supersedes all prior understandings.

21. ACCEPTANCE

By checking the box at checkout, signing electronically, flashing software, or using any Product, you acknowledge that you:

  • Have read this Agreement
  • Understand all risks
  • Agree to all Terms
  • Accept full liability

If you do not agree, do not proceed.