Terms and Conditions

These terms govern your use of damosx.com and the DamosX file-processing service. By creating an account, buying a subscription or uploading a file you accept them. If you do not accept them, do not use the service.

1. Who you are contracting with

The service is operated by AESOFT TECH PTY LTD, 175 Maroondah Hwy, 3134 Ringwood, VIC, AU, registration number 46663475492. Contact: support@damosx.com. In these terms "we", "us" and "DamosX" mean that company, and "you" means the person or business using the service.

2. What the service is

DamosX is a software service. You upload a copy of a file read from an engine or transmission control unit, you select one or more modules, and we return a modified copy of that file together with the fitting notes for what was changed. We do not read files from vehicles, we do not write files to vehicles, and we do not perform any work on a vehicle.

Everything that happens to a vehicle happens after we are done. Reading the original file, deciding whether to write the modified file, writing it, and everything that follows are entirely yours.

3. Who may use it

• You must be at least 18 years old and able to enter a binding contract.
• The service is intended for professional tuners, workshops and technicians with the equipment, training and experience to read and write control unit software safely.
• You must be the owner of the vehicle the file came from, or hold the owner's express permission to modify its software.
• One account is for one business. Sharing an account, its credentials or its output with anyone outside your business is a breach of these terms — see section 11.

4. Permitted use, and the law where you are

You agree that you will use the service only:

• on vehicles used in authorised areas — closed circuits, private land, motorsport, competition, agricultural, mining, marine, industrial, stationary, off-highway or export use — or otherwise entirely off the public road; or
• where the specific modification is lawful in your jurisdiction for the specific vehicle and the specific use, including for research, development, diagnostics, repair, or vehicles that were never subject to the requirement in question.

It is your responsibility, before you purchase and before every job, to check the law that applies to you — national, state, regional and local — and to obtain any approval, exemption, homologation or authorisation required. Laws differ between countries and change over time. We do not know where your customer's vehicle will be driven and we cannot check this for you.

We give no advice, opinion or assurance on the legality of any modification anywhere. Nothing on this website, in a module description, in a fitting note, in a support reply or in any other communication from us is legal advice or a statement that a modification is permitted where you are. A module being available to buy is not a statement that it is legal to use.

You must not use the service:

• to modify a vehicle used on a public road in a way that is unlawful where that vehicle is used;
• to defeat, mask or falsify an emissions test, roadworthiness test or regulatory inspection;
• to remove or hide evidence of a fault that makes a vehicle unsafe;
• on a file you do not own or are not authorised to modify;
• to tamper with an odometer, immobiliser or anti-theft system for the purpose of fraud or theft;
• in any way that breaks the law, infringes another person's rights, or breaches a contract you are party to.

You are solely responsible for how the returned file is used, by you or by anyone you give it to. If you supply the file to a customer, it is your responsibility to make them aware of these restrictions.

5. Your file, and your backups

• You warrant that you have the right to upload each file and to have it modified.
• Always keep your own copy of the original file before you begin. We store only your five most recent files, on every plan — processing a sixth deletes the oldest, both the original and the processed copy, however recently it was uploaded. Our storage is a convenience, not a backup service.
• Files must be read with suitable equipment and must be complete and undamaged. A file that is already modified, partially read, corrupted or from a different control unit than the one selected may produce a result that does not work, and is not refundable on that basis.

6. Accounts, plans and credits

• Subscriptions include a daily file allowance, shown on your plan. Unused daily allowance does not carry over.
• One credit is charged per file, however many modules you apply to it. A module already applied to a file is not charged again.
• Which modules you can use depends on your plan. Plans may be changed by us on notice; a change that reduces what you have already paid for takes effect at your next renewal.
• You are responsible for keeping your credentials secret and for everything done through your account.

7. Prices, payment and invoices

• Prices are shown on the site and are payable in advance. Card payments are handled by our payment provider; we never see or store your card details.
• Subscriptions renew automatically for the same period until cancelled. You may cancel at any time; cancellation takes effect at the end of the period you have paid for.
• An invoice is issued for every payment and is available in your account.
• Taxes are applied according to where you are and the rules that apply to us. Where a price is shown as tax-inclusive, you pay exactly the price shown.
• If a payment fails we may suspend access until it is settled.

8. Refunds

Refunds are governed by our Refund Policy, which forms part of these terms.

9. Availability

We aim to keep the service available but we do not guarantee that it will be uninterrupted or error-free. We may suspend it for maintenance, for security, or because a third-party service we depend on is unavailable. We may change, add or withdraw modules at any time.

10. Intellectual property

The website, the software, the module library and everything we produce remain ours. You keep whatever rights you have in the file you upload. You are granted a licence to use the modified file you receive for the vehicle it came from, in accordance with section 4. You may not resell, redistribute, publish or reverse engineer the service or its output as a product of your own.

11. Acceptable use and suspension

We may suspend or close an account, without refund, where we reasonably believe it is being used in breach of these terms — in particular where an account is shared between businesses, where the service is being resold, where files are uploaded that the user has no right to modify, or where use is unlawful. We monitor sign-ins for patterns that indicate account sharing.

12. Disclaimers

The service is provided "as is". To the fullest extent the law allows, and subject to section 14, we make no warranty and give no undertaking that:

• a modified file will work on any particular vehicle, control unit or software version;
• a modification will achieve any particular result, performance figure or economy;
• a modified file is compatible with any tool, programmer or bench setup you use to write it;
• a modified file is lawful, homologated or approved anywhere.

Writing modified software to a control unit carries risk that exists whatever the software is, including interrupted programming, damaged or locked control units, and faults that only appear later. That risk is inherent to the work you do and is yours.

13. Limitation of liability

Subject to section 14, and to the fullest extent permitted by law:

• We are not liable for any damage, loss or injury to any person, vehicle, component, equipment or property arising from the use of a file processed by the service, from writing it to a control unit, or from a vehicle being driven or worked on afterwards.
• We are not liable for damaged, bricked or locked control units, for engine, transmission, exhaust, after-treatment or emissions equipment damage, for towing, diagnosis, repair or replacement costs, or for a vehicle being off the road.
• We are not liable for loss of profit, loss of business, loss of contracts, loss of goodwill, loss of data, or any indirect or consequential loss.
• We are not liable for fines, penalties, prosecutions, failed inspections, refused registration, voided type approval, voided manufacturer warranty, or refused or withdrawn insurance, arising from a modification — see section 4.
• We are not liable for claims made against you by your own customers.
• Where we are found liable despite the above, our total liability for all claims is limited to the amount you paid us in the twelve months before the event giving rise to the claim.

14. Rights that cannot be excluded

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

Consumer guarantees are not affected. If you deal with us as a consumer, you may have rights under the consumer law where you live — including, in Australia, the consumer guarantees under the Australian Consumer Law, and in the European Union and the United Kingdom, statutory rights in respect of digital content and services. Those rights apply in addition to these terms and nothing here takes them away. Where a guarantee applies and cannot be excluded, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again, to the extent the law allows that limitation.

15. Indemnity

You agree to indemnify us against claims, losses, fines and costs (including reasonable legal costs) arising from your use of the service in breach of these terms, in particular a breach of section 4, or from a claim by a third party — including your own customer — in connection with a file we processed for you.

16. Data

How we handle personal data is set out in our Privacy Policy.

17. Changes to these terms

We may change these terms. The version published here applies to your use of the service from the date shown at the top. If a change materially reduces your rights we will tell you before it applies to your subscription. Continuing to use the service after a change means you accept it.

18. Governing law

These terms are governed by the law of AU, and the courts there have jurisdiction — except that, if you are a consumer, you keep the benefit of any mandatory protection and any right to bring proceedings in the country where you live.

Before starting proceedings, please contact us so we can try to resolve the matter.

19. General

• If any part of these terms is unenforceable, the rest continues to apply.
• Not enforcing a term at one time does not waive it.
• You may not transfer your rights under these terms without our consent.
• These terms, together with the Refund Policy and the Privacy Policy, are the whole agreement between us.

20. Contact

Contact details are here, or write to support@damosx.com.