Platform Purpose

TunerSwap ("we," "our," "the Platform") provides an online marketplace and digital connection service enabling independent automotive tuners ("Tuners") to offer calibration files, software configurations, and related services to vehicle owners ("Drivers"). The Platform solely facilitates interactions and transactions and does not create, modify, test, validate, or guarantee the functionality, legality, or safety of any product or service. We are not a party to any contract between Tuners and Drivers, and we do not provide warranties, endorsements, or assurances regarding the quality, accuracy, or suitability of any tune or service offered.

Assumption of Risk

All vehicle tuning and modification involves inherent risks, including but not limited to: engine failure, drivetrain damage, overheating, reduced lifespan of parts, loss of warranty, operational failure, emissions non-compliance, and total vehicle malfunction. Users acknowledge and accept all risks and agree to proceed entirely at their own risk. Drivers must understand that even professionally developed tunes may interact unpredictably with unique vehicle configurations, aftermarket parts, or prior modifications.

Limitation of Liability

TunerSwap, its affiliates, officers, directors, employees, agents, or contractors are not liable for:

• Direct, indirect, incidental, special, punitive, or consequential damages
• Loss of revenue, profits, data, or vehicle use
• Claims arising from installation or use of any tune, configuration, or service
• Any damages related to compliance or legal violations
• Costs associated with repairs, replacements, or diagnostics following tuning
• Loss of insurance coverage or denial of claims due to modifications

Disclaimer of Warranties

All files, services, software, documentation, and information are provided "as-is" and "as-available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

• Fitness for a particular purpose
• Merchantability or reliability
• Accuracy, completeness, or technical adequacy
• Compliance with emissions or safety regulations
• Non-infringement of third-party intellectual property rights
• Continuous availability of the Platform or uninterrupted service
• Freedom from errors, defects, malware, or vulnerabilities

Regulatory Compliance Disclaimer

Tuning modifications may violate local, state, federal, or international laws, including emissions standards enforced by the EPA, CARB, or similar authorities. Users are solely responsible for ensuring compliance with all applicable regulations. TunerSwap makes no representation or warranty regarding legal compliance. Drivers must verify that any tune or modification is permitted in their jurisdiction and understand that non-compliance may result in fines, penalties, or denial of vehicle registration.

Independent Contractors

Tuners providing services via the Platform are independent contractors and are not employees, agents, or representatives of TunerSwap. We do not supervise, guarantee, or endorse their work, technical skills, or qualifications. All disputes must be resolved directly between Drivers and Tuners. TunerSwap does not mediate, arbitrate, or intervene in disagreements, and any remedies must be pursued through applicable legal channels.

Intellectual Property

All content on the Platform, including files, logos, designs, images, and text, is the intellectual property of its respective owner. Unauthorized reproduction, distribution, or modification is prohibited. Users must respect all copyright, trademark, and other proprietary rights. Tuners are responsible for ensuring that their uploaded files do not infringe on third-party rights, and Drivers must not redistribute or resell purchased tunes without explicit authorization.

Indemnification

Users agree to indemnify, defend, and hold harmless TunerSwap, its affiliates, officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney fees) arising from:

• Use or misuse of any tuning file or service
• Violation of this disclaimer or applicable law
• Claims by third parties related to the Platform or user actions
• Damage to vehicles, property, or persons resulting from tuning
• Intellectual property disputes arising from uploaded or downloaded files

Driver Responsibility

Drivers are solely responsible for:

• Verifying compatibility of any tune with their vehicle and modifications
• Understanding and accepting all risks
• Performing diagnostics and maintenance
• Following tuner instructions correctly
• Ensuring safe operation of the vehicle post-tuning
• Maintaining compliance with insurance and warranty requirements
• Monitoring vehicle performance and reverting changes if unsafe

Third-Party Links and Services

The Platform may contain links to third-party websites or services. TunerSwap does not control, endorse, or assume liability for third-party content, services, or practices. Use of third-party sites is at the user's own risk. Any transactions conducted outside the Platform are not covered by our policies, and users must exercise caution when engaging with external providers.

Data Collection and Privacy

Use of the Platform may involve collection of personal information. Users agree that TunerSwap is not responsible for data breaches, misuse of information by third parties, or inaccurate data. Please review our Privacy Policy for detailed information. While we implement reasonable security measures, no system is immune to compromise, and users accept the inherent risks of digital transactions.

Software and Technical Disclaimer

Any software, scripts, files, or digital tools provided via the Platform are provided "as-is." TunerSwap makes no representation regarding error-free operation, compatibility, or security. Users assume all risk for installation and use of any digital tools or files. Updates, patches, or support may be limited or unavailable, and users are responsible for maintaining backups and safeguards.

No Advice or Investment Liability

Any information, tutorials, or guidance provided through the Platform is for educational purposes only. TunerSwap is not providing professional, financial, or legal advice, and users assume all risk from applying such information. Decisions regarding vehicle modifications, purchases, or investments must be made independently, and reliance on Platform content is at the user's discretion.

Governing Law and Severability

This disclaimer is governed by the laws of the State of Texas without regard to conflict-of-law principles. If any provision is found unenforceable, the remainder of the disclaimer remains fully effective. Users agree that any disputes must be resolved in the courts of Harris County, Texas, unless otherwise required by law.

Agreement to Terms

By using TunerSwap, you acknowledge that you have read, understood, and agreed to this comprehensive disclaimer and all Platform policies. If you do not agree, you must immediately discontinue use of the Platform. Continued use constitutes ongoing acceptance of any updates or modifications to these terms.

Updates to Disclaimer

TunerSwap reserves the right to update, modify, or replace this disclaimer at any time without prior notice. Users are responsible for reviewing the disclaimer periodically to remain informed of changes. Continued use of the Platform after modifications constitutes acceptance of the revised terms.