Terms of Service

Plain-Language Summary

ECM Performance provides custom diesel ECM programming, DPF/EGR/SCR delete preparation, emissions recalibration, and performance tuning services. Delete services are for off-road and export use only. You're responsible for using the services lawfully in your jurisdiction. Our warranty covers calibration work; it does not cover hardware, third-party labor, or operational damages. Disputes are governed by Florida law.

If any of this concerns you, read the full terms below before submitting a service request — or just call us and we'll walk through it.

1. Acceptance of Terms

By accessing this website, requesting a quote, submitting a service ticket, or engaging ECM Performance for any service, you agree to these Terms of Service. If you do not agree to these terms, do not use the website or our services.

If you are using our services on behalf of a business or organization, you represent that you have authority to bind that entity to these terms. References to "you" and "customer" throughout these terms refer to the individual user and to any entity on whose behalf the individual acts.

2. Services Offered

ECM Performance offers custom diesel ECM programming, calibration work, performance tuning, emissions recalibration, and delete-preparation services for off-road and export-use applications. Specific service scope is established during the quote conversation and confirmed in writing before service work begins.

Off-road and export use: Calibration work that removes or modifies emissions controls — including DPF delete, EGR delete, SCR delete, urea system disabling — is offered solely for off-road, off-highway, and export use where local law permits. The customer is responsible for ensuring their use of the calibrated equipment complies with all applicable laws and regulations in their jurisdiction. We do not offer or recommend emissions-defeat calibration for vehicles operated on public roads in jurisdictions that prohibit such modifications, including the United States under the Clean Air Act (42 U.S.C. § 7522).

Compliant services: Emissions recalibration, performance tuning within compliant parameters, and diagnostic work for compliance-maintained operations are offered separately and are appropriate for vehicles operated under standard regulatory frameworks.

3. Quotes and Pricing

Quotes provided through this website or via email are non-binding estimates based on information you provide. Final pricing may vary based on actual service scope, platform-specific requirements identified during diagnostic conversation, and additional services that may become necessary. Pricing is confirmed in writing before service work begins. Payment terms are stated in the service confirmation.

Pricing does not include shipping costs, customer-side labor (ECM removal and reinstallation), hardware components, or third-party services. Travel for on-site service is quoted separately. Fleet volume pricing is available for qualifying multi-truck programs.

4. Customer Responsibilities

The customer is responsible for:

• ▸Ensuring the customer has legal authority to authorize service work on the vehicle and ECM (ownership or authorized representation of the owner).
• ▸Compliance with all applicable laws and regulations governing use of the calibrated equipment in the customer's jurisdiction, including emissions regulations, vehicle safety laws, and roadway use restrictions.
• ▸Customer-side labor for ECM removal and reinstallation (for ship-in service), maintenance of the diagnostic ecosystem (for remote service), or yard preparation (for on-site service).
• ▸Shipping costs, customs documentation for international shipments, and any tariffs or duties applied to ECM shipments.
• ▸Providing accurate information about the platform, operational context, and existing fault conditions when requesting service.
• ▸Holding ECM Performance harmless from any claims arising from the customer's use of services in violation of applicable laws or regulations.

5. Intellectual Property

All content on this website — including text, graphics, logos, code, calibration documentation, and design — is the property of ECM Performance or its content providers and is protected by United States and international intellectual property laws. You may not reproduce, modify, distribute, or commercially use this content without prior written permission.

Calibration libraries, diagnostic methodologies, and proprietary techniques used in our service work are confidential and proprietary to ECM Performance. The service work delivered to customers transfers no rights to underlying methodologies; reverse engineering or extraction of calibration parameters for redistribution is prohibited.

6. Warranties

Calibration warranty: Our calibration work carries a limited warranty against calibration-related failures for the warranty period stated in your service confirmation. If a calibration-related issue arises during the warranty period, contact us through the service ticket system and we will reflash or address the calibration issue at no charge.

Warranty exclusions: The warranty does not cover hardware failures, third-party labor, operational damages arising from the calibrated equipment's use, regulatory enforcement actions arising from the customer's use of the equipment, damage from accidents, unauthorized modifications, or any costs beyond the calibration work itself.

No other warranties: EXCEPT AS EXPRESSLY STATED HERE, ECM PERFORMANCE PROVIDES SERVICES "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED REGARDING SUITABILITY OF THE CALIBRATED EQUIPMENT FOR ON-ROAD USE IN ANY PARTICULAR JURISDICTION.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECM PERFORMANCE'S LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT WILL ECM PERFORMANCE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, REGULATORY FINES, OR LOSS OF DATA, EVEN IF ECM PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

8. Indemnification

The customer agrees to indemnify, defend, and hold ECM Performance harmless from any claims, damages, costs, or expenses (including reasonable attorney fees) arising from: (a) the customer's use of the services or the calibrated equipment; (b) the customer's violation of these terms or any applicable law or regulation; (c) the customer's violation of any third-party rights; or (d) any operational damages, regulatory enforcement actions, or third-party claims arising from the customer's use of the calibrated equipment.

9. Governing Law and Dispute Resolution

These Terms of Service and any disputes arising from them are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Exclusive jurisdiction for any litigation arising from these terms or our services is in the state and federal courts located in Broward County, Florida, and you consent to personal jurisdiction in those courts.

Before initiating litigation, the parties agree to attempt good-faith resolution of any dispute through direct communication. If direct communication does not resolve the dispute within 30 days, either party may pursue formal legal remedies.

10. International Customers

Customers located outside the United States acknowledge that ECM Performance is a United States business operating under United States law. By engaging our services, international customers agree that these terms govern the service relationship and that disputes are resolved as stated above. International customers are responsible for ensuring use of the services complies with the laws of their jurisdiction.

11. Changes to Terms

We may update these Terms of Service from time to time. Material changes will be posted on this page with an updated revision date. Continued use of the website or services after changes indicates acceptance of the revised terms. For significant changes affecting active customer relationships, we may notify customers by email.

12. Severability

If any provision of these terms is held to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be interpreted to the extent permitted by law to give effect to the parties' intent.

13. Contact

For questions about these terms or our services, contact us: