1. Introduction

Welcome to 1769 Performance ("we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our ECU programming and chiptuning platform, including our website, services, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

2. Services Provided

1769 Performance provides a platform for ECU programming, chiptuning, and automotive electronics services, including:

• ECU file management and processing
• License generation and management for tuners and customers
• Project tracking and collaboration tools
• Vehicle and hardware management
• Payment processing for services and licenses

3. User Accounts

3.1 Account Types

We offer two types of user accounts:

• Tuner Accounts: For professional automotive tuners and tuning shops. Tuner accounts require manual verification and approval by our team.
• Customer Accounts: For end customers associated with authorized tuners. Customer accounts require email verification.

3.2 Account Registration

When you create an account, you must provide accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

3.3 Email Verification

All users must verify their email address to access the platform. Tuners additionally require manual approval from our team before gaining full access to tuner features.

3.4 One Account, One Person

Your account is personal to you. You may use it on your own devices — for example the Windows tool on your computer and the mobile app on your phone — but it must be used by you alone.

You must not share your password, license file, or access to the software with anyone else, including colleagues, employees, friends, or customers. If more than one person at your business needs access, each of them needs their own account; contact us and we will set them up.

To enforce this, we keep a record of the locations and networks your account is used from, as described in our Privacy Policy. If we identify an account being used by more than one person, we may suspend or terminate it, and any licenses or credits on it may be forfeited without refund. We will normally contact you first, and travelling, using a VPN, or replacing your own device is not a breach of this section.

4. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction (including but not limited to copyright laws and emissions regulations)
• Share account credentials with unauthorized parties
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service to transmit any malicious code, viruses, or harmful content

5. Payment Terms

Certain features and services require payment. By purchasing a license or service:

• You agree to pay all applicable fees as described at the time of purchase
• All payments are processed securely through Stripe
• Prices are subject to change, but you will be notified before any changes affect you
• Refunds are governed by section 5.1 to 5.4 below

5.1 Immediate delivery and the right to cancel

Licences, tuning files and OTS calibrations are digital content delivered immediately. Before you pay, you are asked to confirm that you want delivery to start straight away and that you understand you lose the 14-day right to cancel once it does. If you give that confirmation, the purchase cannot be cancelled for a change of mind after delivery has begun.

If you do not give that confirmation, and you are a consumer in the EU, the EEA or the UK, you may cancel within 14 days of purchase for a full refund. To cancel, email contact@1769.fi. We refund within 14 days of being notified, to the original payment method.

5.2 Faulty or misdescribed digital content

The right above is separate from your rights if something is wrong with what you bought. If digital content does not work as described, you are entitled to have it brought into conformity and, where that is not possible, to a price reduction or a refund.

More generally: where the mandatory consumer law of your country of residence gives you rights that cannot be excluded by contract, those rights apply in full and nothing in these Terms limits them. Where applicable law requires a full refund, it will be honoured in full, without any fee deduction.

5.3 Who you are buying from

Where a purchase is processed through our checkout, 1769 Performance Oy is your counterparty and is responsible for the statutory rights described above, whether or not a tuner supplied the underlying file. Any arrangement between us and a tuner about who bears the cost of a refund is a matter between us and does not affect your rights.

Beyond your statutory rights, a tuner may agree to a refund at their discretion. Payment processing fees charged on the original transaction are non-refundable and may be deducted from any such discretionary refund — but never from a refund owed to you by law.

5.4 Business customers

Sections 5.1 and 5.2 set out consumer rights. If you are buying in the course of a business — including tuner protocol licences and add-ons — those consumer rights do not apply, and such purchases are non-refundable once delivered except where we agree otherwise in writing.

Otherwise, and except where section 5.1 or 5.2 applies to you, purchases are non-refundable once delivery has begun. Licences, tuning files and OTS calibrations are delivered immediately on payment.

6. Intellectual Property

All content, features, and functionality of the Service, including but not limited to software, text, graphics, logos, and trademarks, are owned by 1769 Performance or its licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7. User-Generated Content

You retain ownership of any ECU files, project data, or other content you upload to the Service. By uploading content, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

You are solely responsible for ensuring that your uploaded content does not violate any laws, regulations, or third-party rights.

8. Privacy and Data Protection

We take your privacy seriously. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by law, 1769 Performance shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any errors, viruses, or inaccuracies in the Service or content
• Damage to vehicles or equipment resulting from the use of ECU files or services obtained through our platform

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

11. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users or the Service
• Exposes us to legal liability
• Is otherwise inappropriate or objectionable

Upon termination, your right to use the Service will immediately cease. We are not liable to you or any third party for any termination of your account.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through a notice on the Service. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Tampere, Finland.

If you are a consumer resident in the EU, this does not deprive you of the protection of the mandatory law of your country of residence, or of the right to bring proceedings there. You may also refer a dispute to the Finnish Consumer Disputes Board (kuluttajariita.fi) or use the European Commission's online dispute resolution platform.

14. Contact Us

If you have any questions about these Terms, please contact us: