End-User License Agreement (EULA) of Mag's Tuning
This End-User License Agreement ("EULA") is a legal agreement between you and Mag's Tuning.
This EULA agreement governs your acquisition and use of our Mag's Tuning the ("CUSTOM TUNE") directly from Mag's Tuning or indirectly through a Mag's Tuning authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Mag's Tuning "CUSTOM TUNE". It provides a license to use the Mag's Tuning the "CUSTOM TUNE" written and contains warranty information and liability disclaimers.
By clicking "check out and/or book now", installing and/or using the Mag's Tuning "CUSTOM TUNE", you are confirming your acceptance of the "CUSTOM TUNE" and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the "CUSTOM TUNE", and you must not accept this EULA agreement.
This EULA agreement shall apply only to the "CUSTOM TUNE" supplied by Mag's Tuning herewith regardless of whether other tuning is referred to or described herein. The terms also apply to any Mag's Tuning updates, supplements, Internet-based services, and support services for the "CUSTOM TUNE", unless other terms accompany those items on delivery. If so, those terms apply.
Mag's Tuning hereby grants you a personal, non-transferable, non-exclusive licence to use the Mag's Tuning "CUSTOM TUNE" on your devices or vehicle in accordance with the terms of this EULA agreement.
You are permitted to load the Mag's Tuning "CUSTOM TUNE" (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device and/or vehicle meets the minimum requirements of the Mag's Tuning "CUSTOM TUNE".
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the "CUSTOM TUNE" nor permit the whole or any part of the "CUSTOM TUNE" to be combined with or become incorporated in any other custom tune, nor decompile, disassemble or reverse engineer the "CUSTOM TUNE" or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the "CUSTOM TUNE" for any commercial purpose
Allow any third party to use the "CUSTOM TUNE" on behalf of or for the benefit of any third party
Use the "CUSTOM TUNE" in any way which breaches any applicable local, national or international law
Use the "CUSTOM TUNE" for any purpose that Mag's Tuning considers is a breach of this EULA agreement
Intellectual Property and Ownership
Mag's Tuning shall at all times retain ownership of the "CUSTOM TUNE" as originally downloaded and/or installed by you and all subsequent downloads of the "CUSTOM TUNE" by you. The "CUSTOM TUNE"(and the copyright, and other intellectual property rights of whatever nature in the "CUSTOM TUNE", including any modifications made thereto) are and shall remain the property of Mag's Tuning.
Mag's Tuning reserves the right to grant licences to use the "CUSTOM TUNE" to third parties. Mag's Tuning tunes are none transferable tunes, Mag's Tuning will not make, edit, adjust or changes to tunes other than to the original purchaser. Mag's Tuning offers tune edits for the period of one (1) year from the date of original date of tune.
Mag's Tuning offers zero written, verbal or implied warranty on any work including but not limited to custom tune, custom tuning, PCM modification(s), TCM modification(s) and/or engine modifications such as camshaft installs, supercharger installs etc etc. You understand that all warranty for DiabloSport InTune,Trinity and/or any other DiabloSport handheld tuning series of tuning devices are held with DiabloSport (see DiaboSport Warranty and EULA here) and not with Mag's Tuning.
Liability of Damages
Mag's Tuning will not be held liable for PCM and/or TCM failures, timed out writings to PCM and/or TCM causing a broken and unusable PCM and/or TCM, vehicle damage, engine damage, transmission damage, axle or differential damage, electrical damage or otherwise damages that can, will or could be associated to or with custom tuning, PCM and/or TCM modifications. All custom tuning written, loaded, saved and/or used on the vehicle is used at the discretion of the end user, that end user being the purchaser.
Cancellations, Refunds & Returns
Mag's Tuning offers the following cancellation policy "For cancellations, please contact us at least 24 hours in advance to avoid forfeiting the deposit to secure your appointment. If there isn't a 24 hour notice given for cancellations the deposit will be forfeited. No shows for an appointment will be forfeit their deposit, if the no show wishes to book another appointment after not showing another deposit will be required. If you are 30 minutes late to a booked appointment without giving notice to lateness you will be charged $30.00 per hour you are late starting after 30 minutes of being late for the scheduled booked appointment. This DOES NOT apply to rescheduling the appointment if given a 48 hour notice prior to the scheduled booked appointment time." Mag's Tuning offers zero refunds once we have began tuning the vehicle, have pulled the factory tune and saved a copy of said tune and/or received emails for a remote tuning services. Mag's Tuning offers zero returns on any custom tunes, custom tuning, DiabloSport handheld tuning devices or any other handheld tuning devices sold by Mag's Tuning.
This EULA agreement is effective from the date you first use, book now or checkout on or from Mag's Tuning the "CUSTOM TUNE" and shall continue until terminated. You may terminate it at any time upon written notice to Mag's Tuning.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the "CUSTOM TUNE". The provisions that by their nature continue and survive will survive any termination of this EULA agreement.