01Who these terms are between
These terms form an agreement between ASM Harmony LLC d/b/a Apex Tuning, a limited liability company organized under the laws of the State of Florida with its principal address at 1191 E Newport Center Dr #103, Deerfield Beach, FL 33442, and the person or entity booking a service (the "Client").
The Client must be the registered owner of the vehicle, or hold the owner's written authorization to have the vehicle modified. Apex Tuning may request proof of ownership and government-issued photo identification before beginning work, and may refuse service if either is not produced.
Where work is performed at a partner shop, these terms still govern the calibration itself. Section 12 explains what the partner shop is and is not responsible for.
02Services we provide
Apex Tuning provides engine control unit (ECU) and transmission control unit (TCU) calibration, related diagnostics, datalogging, bench reading and writing of control units, and the unlocking of factory-locked control units where technically and lawfully possible.
The specific work for any booking is defined in the scope of work agreed in writing before the service begins — in the Tuning Agreement, a written quote, or a message thread confirmed by both parties. Anything not written into that scope is not part of the service.
We do not sell, install or warrant mechanical hardware unless a specific booking says otherwise in writing.
03Intended use: off-road, race and competition
All calibrations, software and modifications supplied by Apex Tuning are sold and delivered for off-road, race-use and competition vehicles only, unless a written agreement for a specific vehicle states otherwise.
They are not sold for operation on public roads, and they are not represented as compliant with federal, state or local emissions law.
The Client is solely responsible for determining whether a modified vehicle may lawfully be operated, registered, inspected or insured where the Client lives and drives. Apex Tuning makes no representation on any of those points.
Apex Tuning will not knowingly disable, defeat, remove or render inoperative any emissions control device or element of design on a vehicle intended for public-road use, and will decline any request to do so.
04Booking, scheduling and deposits
A booking is confirmed when a date is agreed and any required deposit has been received. Deposits secure bench and lift time that we cannot resell at short notice.
- Rescheduling with more than 48 hours' notice: the deposit moves to the new date.
- Rescheduling with less than 48 hours' notice, or a no-show: the deposit is forfeited.
- If Apex Tuning cancels or cannot perform the booked work, the deposit is returned in full.
Arrival condition matters. A vehicle that arrives with an undisclosed fault, a low battery, contaminated fuel, or a mechanical condition that makes calibration unsafe may be turned away, and the booking treated as a late cancellation.
05Payment and refunds
Payment is due on completion of the work unless agreed otherwise in writing. Apex Tuning may retain the vehicle, the original calibration file, or both, until payment clears.
Calibration is bespoke labour: the engineering time, the datalogging and the file written for your specific vehicle cannot be returned or resold. For that reason services are non-refundable once work has begun.
- Dissatisfaction with the magnitude of a power gain is not a refundable event, provided the delivered calibration performs as described in the scope of work.
- A fault caused by Apex Tuning's own calibration work is corrected under Section 6 of the Warranty & Liability policy at no charge; that remedy is repair or revision, not refund.
- A change of mind after work has begun does not entitle the Client to a refund.
Nothing in this section limits any right the Client cannot lawfully waive under the consumer protection law of their state.
06What the Client is responsible for
Calibration is performed against the vehicle you present. What we cannot see, we cannot account for.
- Disclosing every modification, previous tune, repair and known fault before work begins — including work done by other tuners, and including anything you were told was reverted.
- Presenting a vehicle that is mechanically sound and up to date on maintenance: healthy ignition, injectors, turbos, clutch, cooling system and fluids.
- Using the fuel grade the calibration was written for, on every fill, for as long as the calibration is on the car.
- Following any stated break-in, service interval or hardware requirement that came with the calibration.
- Keeping the factory calibration file we return to you, and telling us before any other party flashes the vehicle.
An undisclosed modification or fault voids the calibration support described in the Warranty & Liability policy.
07Assumption of risk
Performance calibration raises cylinder pressure, thermal load and driveline torque. That is the point of it, and it is also the risk of it.
The Client acknowledges and accepts that calibration and related modification may void or limit the manufacturer's warranty, alter or invalidate emissions compliance, affect insurability, and reduce the reliability, drivability or service life of the engine, transmission and driveline.
The Client further acknowledges that any component at or near the end of its service life may fail during flashing, dyno operation, datalogging, road testing or subsequent use, and that a modified vehicle may fail in ways an unmodified one would not.
The Client accepts these risks voluntarily and proceeds on that basis.
08Limitation of liability
To the fullest extent permitted by law, the total liability of Apex Tuning arising out of or relating to any service is limited to the amount the Client paid for that service.
Apex Tuning is not liable for indirect, incidental, special, consequential or punitive damages, including loss of vehicle use, towing, storage, rental costs, lost income, diminished vehicle value, or damage to property.
Services are otherwise provided as is, without express or implied warranty, except for the specific workmanship commitment set out in the Warranty & Liability policy.
Nothing here excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our own negligence, or for fraud.
09Indemnification
The Client agrees to indemnify and hold harmless Apex Tuning, its owners, employees, contractors and partner shops against claims, demands, liabilities, damages, penalties and reasonable legal costs arising from the Client's use of the modified vehicle, including third-party claims, regulatory penalties, and any operation of the vehicle on a public road.
10Calibration files and intellectual property
Calibrations, maps, definition files and supporting documentation produced by Apex Tuning remain the intellectual property of Apex Tuning. The Client receives a personal, non-transferable licence to run the calibration on the single vehicle identified by VIN in the Tuning Agreement.
- The calibration may not be copied, resold, published, reverse-engineered or supplied to another tuner or shop.
- The licence does not transfer with the vehicle on sale. A new owner must contact us.
- Apex Tuning may retain a copy of the original factory file and the delivered calibration for support and revision purposes.
11Media and vehicle likeness
Apex Tuning may photograph and film vehicles it works on and publish that material for marketing. Number plates and identifying marks are obscured on request.
Tell us before the appointment if you do not want your vehicle filmed or published, and we will note it on the job. Withholding consent does not affect the service or its price.
12Partner shops
Apex Tuning performs calibration in person at independent partner shops. Those shops are separate businesses. They are not our agents and we are not theirs.
- Apex Tuning is responsible for the calibration work it performs.
- The partner shop is responsible for its own premises, lifts, mechanical work, storage of the vehicle, and its own insurance.
- Mechanical repair, parts fitment or servicing quoted by a partner shop is a separate contract between the Client and that shop, on that shop's terms.
13Governing law and disputes
These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
The parties will first attempt to resolve any dispute directly, in writing, within 30 days. Any dispute that is not resolved that way will be brought in the state or federal courts located in Florida, and both parties consent to the jurisdiction of those courts.
If any provision of these terms is held unenforceable, the rest remains in force.
14Changes to these terms
We may update these terms. The version that applies to a given service is the version published on the date that service was booked, and the Tuning Agreement records that date.
Material changes are reflected in the Last updated date at the top of this page.
15Contact
ASM Harmony LLC d/b/a Apex Tuning
1191 E Newport Center Dr #103, Deerfield Beach, FL 33442
(239) 375-0770
For anything about a booking in progress, use the number above. For anything about this document, use the legal address.
Questions about this document? (239) 375-0770