Terms of Service & File upload terms and conditions
GU TUNING FILES LIMITED
Terms & Conditions – File Upload & Calibration Agreement
By registering for an account, uploading a file, purchasing a calibration, purchasing a tuning tool or using any software or services supplied by GU Tuning Files Limited, you acknowledge and agree to the following Terms & Conditions.
1. Custom Calibration Software & Customer Responsibility
All custom calibration software is supplied in accordance with the specifications, information and requirements submitted by the customer.
By purchasing, downloading, installing or flashing our software, you accept responsibility for ensuring that the calibration requested is suitable for the intended vehicle and application.
You are responsible for verifying the vehicle’s mechanical condition, hardware configuration, software version and compatibility before installing any modified software.
All software must be installed by a suitably competent person using appropriate equipment and procedures.
GU Tuning Files Limited accepts no responsibility for damage arising solely from incorrect installation, incorrect flashing procedures, inaccurate or incomplete information supplied by the customer, incompatible vehicle hardware or software, or pre-existing mechanical or electrical defects.
Nothing in these Terms excludes or limits any liability or statutory right that cannot lawfully be excluded or limited.
2. Motorsport, Testing & Off-Road Applications
Certain custom calibrations are intended exclusively for legitimate motorsport, testing, development or off-road applications where their use is legally permitted.
Customers must ensure that the installation and use of any supplied calibration complies with all applicable laws and regulations in the country or jurisdiction where the vehicle is operated.
Software intended for competition, testing, development or off-road use must not be installed or used on a public-road vehicle where doing so would breach applicable legislation.
The customer is responsible for establishing whether their intended application is lawful before requesting, installing or using a calibration.
3. Emissions Compliance
All vehicles used on public roads must continue to comply with applicable emissions legislation, vehicle approval requirements and national roadworthiness requirements.
This includes legal requirements relating to, where applicable:
Diesel Particulate Filters (DPF);
Exhaust Gas Recirculation (EGR);
AdBlue and Selective Catalytic Reduction (SCR) systems;
catalytic converters; and
other emissions-control equipment or systems.
Customers requesting modifications affecting emissions-control systems must ensure that the requested modification and its intended use are legally permitted.
GU Tuning Files Limited does not authorise the unlawful installation or use of emissions-control bypass software on public-road vehicles.
The customer is responsible for ensuring that the vehicle remains legally compliant for its intended use.
Nothing in these Terms excludes liability for our own unlawful conduct or any liability that cannot legally be excluded.
4. Dyno Testing, Data Logging & Calibration Validation
GU Tuning Files Limited strongly recommends appropriate dynamometer testing, diagnostic checks and data logging before and after installation of custom calibration software.
The customer is responsible for ensuring that the vehicle is mechanically suitable for tuning and that appropriate testing is carried out where necessary.
Where a performance-related issue, drivability concern or calibration adjustment is reported, we reserve the right to request relevant diagnostic information, data logs and/or dynamometer results before undertaking further investigation or calibration adjustment.
Where adequate testing or requested diagnostic information has not been supplied, we may be unable to validate performance-related claims or safely make further adjustments.
Nothing in this section excludes liability for defective software or services supplied by us where such liability cannot lawfully be excluded, nor does it affect applicable statutory rights.
5. Pops & Bangs, Flames, Popcorn Limiters & Aggressive Features
GU Tuning Files Limited strongly advises customers to consider the increased mechanical risks associated with aggressive software features, including:
pops and bangs;
flame maps;
popcorn limiters;
aggressive overrun calibrations; and
other features designed to create abnormal combustion, exhaust temperatures or engine behaviour.
These modifications may place additional stress on engine, turbocharger and exhaust components and may cause or contribute to mechanical damage.
Potential damage may include, but is not limited to, engine damage, piston damage, turbocharger failure, catalytic converter damage, exhaust damage and DPF failure.
Customers requesting these features acknowledge the additional mechanical risks associated with them and accept responsibility for deciding whether they are suitable for the vehicle and its intended use.
GU Tuning Files Limited does not provide a mechanical damage warranty covering damage caused by the inherent operation or misuse of these features, pre-existing mechanical defects or operation outside the vehicle’s safe mechanical limits.
This does not exclude liability for defective calibration work where such liability cannot lawfully be excluded.
6. Intellectual Property & Software Ownership
Custom calibration work developed by GU Tuning Files Limited remains the intellectual property of GU Tuning Files Limited or the applicable rights holder.
The customer is granted a limited, non-exclusive licence to use the supplied calibration for the agreed vehicle and application only, unless otherwise agreed in writing.
Unless expressly authorised in writing, customers must not
copy or duplicate our proprietary calibration files for unauthorised use;
share our proprietary files with third parties;
resell or redistribute our software;
upload our proprietary calibration work to competing tuning providers; or
use our calibrations for unauthorised commercial distribution.
Unauthorised copying, sharing, resale or distribution may result in suspension or termination of portal access and further action where appropriate.
These restrictions apply only to intellectual property owned by or licensed to GU Tuning Files Limited and do not claim ownership of original vehicle manufacturer software, customer-owned data or third-party intellectual property.
7. Tuning Tool Release Policy
GU Tuning Files Limited operates a tool-release policy for tuning tools purchased directly through our company and supplied on the basis that they remain linked to our tuning network.
Where this restriction forms part of the agreed terms of sale before purchase, the tool will remain linked to our network and GU Tuning Files Limited will not voluntarily authorise transfer or release to another tuning provider.
We do not offer a paid release service, and offering a release fee or other payment does not create an entitlement to release.
This policy may apply to tools purchased at full retail price, discounted prices or under promotional offers where the applicable network restriction was clearly agreed before purchase.
Manufacturer-Purchased Tools
Tools purchased independently and directly from the original manufacturer, including Alientech or AutoTuner, are not automatically subject to GU Tuning Files Limited’s permanent network restriction.
Where GU Tuning Files Limited has the necessary authority to process a release request, eligible requests will be handled in accordance with the manufacturer’s applicable procedures and requirements.
Any tool-release condition remains subject to the original purchase agreement, manufacturer requirements and applicable law.
8. Pricing Guarantee & VAT
GU Tuning Files Limited reserves the right to review and adjust its file-service pricing periodically.
Prices may increase or decrease during the customer’s time with us. However, a customer’s agreed standard file-service rates will not be increased above the standard rates assigned to that customer’s account when they joined our network, except as expressly stated below.
Prices may be reduced, discounted or made subject to promotional offers without affecting the customer’s protected standard rate.
VAT
The pricing guarantee does not prevent changes to the total amount payable where VAT becomes applicable or where the statutory VAT rate changes.
Any applicable VAT will be clearly identified as part of the price presented to the customer before purchase.
Additional & Specialist Work
Specialist projects, custom development, additional technical support, additional revisions or services falling outside the customer’s agreed standard file-service pricing may be charged separately.
Where an additional charge applies, the price or applicable charging basis will be communicated before the additional chargeable work is undertaken.
9. Acceptance of Terms & Conditions
By registering for an account, uploading a file, purchasing a calibration, purchasing a tuning tool or downloading, installing or using software or services supplied by GU Tuning Files Limited, you confirm that you have read and accepted these Terms & Conditions.
You acknowledge your responsibilities regarding vehicle suitability, mechanical condition, software installation, legal compliance, testing, intellectual property, data retention and applicable tuning-tool restrictions.
These Terms form part of your agreement with GU Tuning Files Limited together with any additional written terms specifically agreed at the point of purchase.
Nothing in these Terms is intended to exclude, restrict or override any rights or liabilities that cannot lawfully be excluded or restricted.
10. Data Retention, File Storage, Invoices & Customer Backups
The GU Tuning Files Limited portal and associated systems are provided primarily for the ordering, processing, delivery and management of our services. They must not be relied upon by customers as a permanent file-storage, backup or archival service.
Customers are responsible for downloading and securely retaining their own copies of any information or material they may require in the future, including:
original vehicle files;
modified or calibrated files;
previously supplied calibrations;
project files;
data logs;
invoices and receipts;
transaction information; and
other documents or information made available through the portal.
Customers should maintain independent backups on their own computer, server, cloud-storage system or other secure storage medium.
GU Tuning Files Limited does not guarantee that customer-accessible files, invoices, account history or other portal information will remain available through the portal indefinitely.
Portal information may be archived, migrated, removed or become unavailable as a result of system upgrades, portal migrations, platform replacement, account closure, service changes, security requirements, data-retention policies or other legitimate operational requirements.
Where GU Tuning Files Limited replaces, upgrades or closes a portal, files, invoices, account history and other historical information from a previous portal may not automatically be transferred to the replacement system.
Where reasonably practicable, customers may be given notice of a planned portal closure or migration so that they have an opportunity to download information they wish to retain.
Customers are responsible for downloading and backing up required information before the stated migration, closure or deletion date.
Subject to applicable law, GU Tuning Files Limited will not be responsible for loss arising solely because a customer failed to download or independently retain a copy of information that had previously been made available to that customer through the portal.
This section does not mean that GU Tuning Files Limited will delete or fail to retain information that it is legally required to retain.
GU Tuning Files Limited may retain accounting, taxation, contractual, transaction, security and other records for as long as required or justified by applicable law and legitimate business requirements.
Personal data will be retained and processed in accordance with applicable data-protection legislation and our applicable privacy policies. Personal data will not be retained indefinitely where there is no lawful or legitimate reason for continued retention.
The customer’s obligation to maintain their own copies of files and invoices is separate from GU Tuning Files Limited’s own legal and regulatory record-retention obligations.