Terms & Conditions

1. Acceptance of Terms

By accessing or using the Navardi Tuned website and services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our services. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Navardi Tuned ("Company," "we," "our," or "us").

2. Services Overview

Navardi Tuned provides custom ECU calibration and tuning services for BMW vehicles equipped with turbocharged petrol engines. Our services include, but are not limited to:

• Custom ECU tuning and calibration
• Performance optimization
• Data logging and analysis
• Technical consultation and support

3. Eligibility and Customer Qualifications

To use our services, you must:

• Be at least 18 years of age
• Have legal authority to modify the vehicle in question
• Own or have explicit permission from the vehicle owner to request tuning services
• Provide accurate and truthful information about your vehicle and modifications

4. Service Inquiry and Approval Process

4.1 Qualification Process

All service requests are subject to our internal qualification and approval process. We reserve the right to decline service to any customer for any reason, including but not limited to:

• Insufficient vehicle information
• Incompatible vehicle specifications
• Poor vehicle health or mechanical condition that presents risks
• Safety concerns or liability issues
• Unrealistic performance expectations
• Abusive, threatening, harassing, or disrespectful behavior toward our team
• Previous violations of our Terms
• Fraudulent or suspicious activity

4.2 Professional Conduct

We are committed to providing exceptional service in a professional environment. We have zero tolerance for:

• Abusive, threatening, or harassing behavior toward our staff or team members
• Discriminatory language or conduct
• Unreasonable demands or attempts to manipulate service terms
• Repeated violations of communication boundaries

Any customer who engages in such behavior will have their service immediately terminated without refund, and will be permanently banned from future services. We reserve the right to report threatening or illegal behavior to appropriate authorities.

4.3 Vehicle Health Requirements

Tuning services are only suitable for vehicles in good mechanical health. We may decline service if we determine that your vehicle:

• Has pre-existing mechanical issues that could be exacerbated by tuning
• Shows signs of poor maintenance or neglect
• Has inadequate supporting modifications for the requested performance level
• Presents safety or reliability concerns
• Is not suitable for the requested tuning package

4.4 No Obligation

Submission of an inquiry form does not guarantee acceptance of service. We maintain selective partnerships and work only with customers who meet our qualification criteria.

5. Payment Terms

5.1 Manual Invoicing

All payments are processed through manual invoicing. We do not process payments directly through our website. Payment terms will be communicated to you upon service approval.

5.2 Comprehensive Refund Policy

5.2.1 General No-Refund Policy

All tuning services and related products are non-refundable once calibration work has commenced. This includes but is not limited to:

• Custom tuning services
• Off-the-shelf (OTS) tuning packages
• Enhanced tuning packages
• Revision work
• Data logging analysis
• Technical consultations related to active tuning projects

5.2.2 Point of No Return

Once your first revision or base calibration file has been delivered to you, no refunds will be issued under any circumstances, including but not limited to:

• Change of mind after receiving initial calibration
• Dissatisfaction with turnaround time
• Number of revisions required
• Time invested in the tuning process
• Vehicle compatibility issues discovered during tuning
• Customer circumstances changes

We reserve the right to deny refund requests for any reason, including but not limited to the time and resources already invested in your tuning project. There are no guarantees or expectations regarding the number of revisions required to complete a custom tune, as each vehicle responds differently to calibration changes.

5.2.3 Excluded Costs

Performance tuning services do not include and provide no refunds or compensation for the following associated costs:

• Vehicle teardowns or disassembly
• Diagnostic services
• Dynamometer (dyno) rental and testing fees
• Shipping, handling, or insurance charges
• Towing services
• Mechanic or service shop labor time
• Vehicle rental costs
• Loss of use of vehicle
• Parts replacement or repairs
• Any other costs associated with preparing or servicing your vehicle

5.2.4 Turnaround Time Expectations

Every effort is made to provide timely service, however:

• Custom tuning is not an instant process and turnaround times vary
• We do not operate on weekends or major Australian public holidays
• Payments made late Friday or on weekends will not be processed until the following business day
• Complex tuning projects may require additional time
• Turnaround times are estimates only and not guarantees

Refunds will not be issued due to dissatisfaction with turnaround times or for unrealistic expectations regarding service completion. Custom calibration is a complex, iterative process that requires careful testing and refinement.

5.2.5 Pre-Work Refunds and Cancellations

Refunds may only be issued before any calibration work has commenced and are subject to the following conditions:

• Customer declines to accept our Tuning Disclosure after review
• Customer orders incorrect product or service by mistake
• We decline to provide service based on our qualification criteria

For mistaken orders or cancellations after payment but before work commences, a 15% administrative fee will be deducted from the refund amount. This fee covers the costs associated with payment processing, administrative overhead, and the financial transaction fees incurred in both receiving and returning funds. We cannot absorb the financial costs associated with processing refunds when customers change their minds after purchase.

5.2.6 Risk Acknowledgment

By purchasing tuning services, you explicitly acknowledge and accept that:

• Modifying your vehicle's calibration carries inherent risks
• You have reviewed and accepted our Tuning Disclosure
• You have had adequate opportunity to ask questions before proceeding
• You understand the no-refund policy and accept these terms
• You accept full responsibility for the decision to tune your vehicle

5.2.7 Australian Consumer Law

For Australian Residents Only: Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement. If you are an Australian consumer, you are entitled to certain guarantees that cannot be excluded under the ACL, including guarantees that services will be provided with acceptable quality and in a timely manner.

For more information about consumer rights under Australian Consumer Law, visit the Australian Competition and Consumer Commission website at www.accc.gov.au/consumers.

International Customers: If you are not an Australian resident, the ACL provisions do not apply to you, and the refund policy outlined in sections 5.2.1 through 5.2.6 applies in full without exception.

5.2.8 Vehicle Standards and Additional Charges

We reserve the right to modify service terms and pricing based on actual vehicle condition and tuning complexity discovered during the calibration process:

• Right to Cease Service: We may immediately stop all tuning work without refund if we determine that your vehicle is not up to the required standard, including but not limited to poor mechanical health, inadequate supporting modifications, or safety concerns
• Additional Charges: We reserve the right to charge additional fees if your vehicle requires substantially more work than initially anticipated, including excessive revisions, problematic hardware, or unexpected compatibility issues
• Resumption After Mechanical Issues: If tuning work must be paused or ceased due to mechanical failures or vehicle issues discovered during the tuning process, any resumption of work will be treated as a new service engagement and may incur additional charges at our discretion
• No Compensation for Delays: Delays caused by vehicle mechanical issues, substandard components, or the need for additional work will not result in refunds or compensation of any kind

By proceeding with our services, you acknowledge that tuning outcomes depend heavily on vehicle condition and that we maintain sole discretion to determine whether a vehicle meets our standards for continued service. You accept full financial responsibility for any additional costs incurred due to vehicle-related complications.

6. Intellectual Property

6.1 Proprietary Calibrations

All calibration files, tuning maps, and related intellectual property created by Navardi Tuned remain our exclusive property. You are granted a limited, non-transferable, non-exclusive license to use the calibration solely for the specific vehicle for which it was developed.

6.2 Prohibited Actions

You may not:

• Reverse engineer, decompile, or disassemble our calibrations
• Share, distribute, or resell our tuning files
• Use our calibrations on vehicles other than the one specified
• Claim our work as your own
• Attempt to decrypt, bench read, or otherwise access our raw calibration files
• Extract, copy, or duplicate our proprietary tuning data

6.3 File Theft and Unauthorized Access

Any attempt to bench read, decrypt, reverse engineer, or otherwise gain unauthorized access to our encrypted tuning files constitutes a direct violation of these Terms of Service and is considered intellectual property theft.

Both Navardi Tuned and our partnered flashing platforms implement robust security measures to protect our proprietary calibration work from unauthorized use, copying, or resale. These protections are in place to safeguard years of research, development, and testing.

6.3.1 Consequences of Unauthorized Access

Any individual or entity found to be in possession of our raw (unencrypted) tuning files, whether obtained directly or indirectly, will face immediate and severe consequences:

• Immediate Service Termination: All tuning services will cease immediately without notice
• No Refunds: All payments made are forfeited and no refunds will be issued under any circumstances
• VIN Flagging: Your vehicle's VIN number will be permanently flagged in the TuneFlow VIN database, which is publicly accessible to tuners and flashing platform providers worldwide
• Platform Blacklisting: Your VIN and associated accounts may be blacklisted across multiple tuning platforms
• Legal Action: We reserve the right to pursue civil and criminal legal action for intellectual property theft
• Relationship Termination: All business relationships will be permanently terminated with no possibility of future service

6.3.2 Scope of Enforcement

These consequences apply to:

• Direct attempts to access our files through bench reading or decryption
• Indirect possession of our unencrypted files through third parties
• Sharing, distributing, or facilitating access to our protected files
• Using our files on vehicles other than originally intended
• Any form of unauthorized copying or duplication of our calibration data

6.3.3 No Exceptions Policy

There are no exceptions to this policy. Claims of ignorance, unintentional access, or actions by third parties will not be accepted as valid defenses. By purchasing our services, you accept full responsibility for ensuring the security and proper use of our calibration files and agree to these enforcement measures.

7. Website Content and Trademarks

All content on the Navardi Tuned website, including text, graphics, logos, images, and software, is our property or that of our licensors and is protected by intellectual property laws. The Navardi Tuned name, logo, and all related marks are our trademarks and may not be used without our express written permission.

8. Customer Responsibilities

8.1 Vehicle Condition

You are responsible for ensuring that your vehicle:

• Is in good mechanical condition before tuning
• Has all necessary supporting modifications properly installed
• Is equipped with appropriate fuel, cooling, and other systems to support increased performance
• Has been accurately represented in all communications with us

8.2 Legal Compliance

You are solely responsible for ensuring that any modifications made to your vehicle comply with all applicable federal, state, and local laws and regulations, including but not limited to emissions standards, vehicle registration requirements, and road safety laws.

8.3 Safe Usage

You agree to:

• Operate your vehicle safely and legally at all times
• Conduct data logging only in safe, legal environments (e.g., race tracks, dynamometers)
• Not use our tuning for illegal street racing or other unlawful activities
• Follow all installation and operation instructions provided

9. Communication

All official communication regarding your tuning services must be conducted through our designated channels. We are not responsible for communications sent through unauthorized or unofficial channels. Response times may vary based on the complexity of your inquiry and current service demand.

10. Limitation of Liability

To the fullest extent permitted by law:

• Navardi Tuned shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific service in question
• We make no warranties, express or implied, regarding the performance gains, reliability, or suitability of our services for any particular purpose

11. Indemnification

You agree to indemnify, defend, and hold harmless Navardi Tuned, its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any damage to your vehicle or other property
• Any injury or damage caused by your vehicle

12. Warranty Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures.

14. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

15. Termination

We reserve the right to suspend or terminate your access to our services at any time, without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use our services will immediately cease.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and Tuning Disclosure, constitute the entire agreement between you and Navardi Tuned regarding the use of our services and supersede all prior agreements and understandings.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Australia. Where applicable, parties may first attempt to resolve disputes through mediation or alternative dispute resolution processes available under Australian law before proceeding to formal legal action.

19. Contact Information

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