Effective Date: January 1, 2026 Version: 2.0
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BE RESOLVED IN ALABAMA AND A WAIVER OF CLASS ACTION JURY TRIALS.
Welcome to the MyFlasher mobile application (the "App"), distributed by SWITCHOVER, INC., a Delaware corporation ("Switchover," "we," "us," or "our"). The App provides the essential software interface and connectivity infrastructure to support the use of the AutoTuner One hardware device (the "Device").
By clicking "I ACCEPT," downloading, installing, or using the App, you ("you," the "User," or the "End-Customer") agree to be bound by these Terms of Use ("Terms"). These Terms incorporate by reference the AutoTuner USA Terms of Service and Privacy Policy available at www.autotunerusa.com.
CRITICAL NOTICE: YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS PRODUCT INVOLVES TWO SEPARATE AND DISTINCT LEGAL RELATIONSHIPS:
• INFRASTRUCTURE AGREEMENT (WITH SWITCHOVER): Your relationship with Switchover is strictly limited to the license of the App software and the connectivity of the Device hardware. Switchover provides the "pipe" or "tool" for data transmission. This relationship is governed by these Terms.
• CONTENT AGREEMENT (WITH YOUR RESELLER): Your relationship regarding the specific engine calibration data, maps, software modifications, or "tuning files" (collectively, the "Tuning Files") is strictly and exclusively between you and the independent third-party reseller from whom you purchased the Device or service (the "Reseller").
SWITCHOVER IS NOT A PARTY TO THE CONTENT AGREEMENT. Switchover acts solely as a passive conduit for the encrypted transmission of data. Switchover does not create, inspect, verify, endorse, or guarantee the Tuning Files provided by your Reseller. You explicitly release Switchover from any and all liability related to the quality, safety, legality, performance, or effects of the Tuning Files provided by your Reseller.
WARNING: The United States Environmental Protection Agency ("EPA") and various state agencies (such as the California Air Resources Board, "CARB") strictly prohibit the manufacturing, selling, or installation of any device or software that bypasses, defeats, or renders inoperative any emissions control system on a motor vehicle used on public roads ("Defeat Device").
By using this App, you represent, warrant, and covenant that:
1. You will NOT use the App or Device to install any Tuning File that deletes, disables, or defeats any emissions control system (including but not limited to Catalytic Converters, DPF, EGR, or DEF systems) on any vehicle registered for use on public highways.
2. You will use the App solely for:
• Lawful maintenance and repair;
• Modifications that have received a valid CARB Executive Order (EO) or EPA certification; or
• Vehicles used exclusively for competition motorsports that are never driven on public roads ("Competition Use Only").
You agree to indemnify, defend, and hold harmless Switchover, its affiliates, licensors, and suppliers from any and all civil penalties, fines, assessments, judgments, or damages levied by any governmental agency (including the EPA, CARB, or Transport Canada) arising out of or related to your use of the App to violate applicable emissions laws.
Subject to your strict compliance with these Terms, Switchover grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a mobile device owned or controlled by you, solely for the purpose of operating the Device.
You shall not:
• Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App or the Device firmware.
• Use the App to clone, pirate, or bypass the security encryption of any Tuning File.
• Rent, lease, lend, sell, or sublicense the App.
• Use the App in any manner that threatens the integrity, performance, or availability of Switchover’s servers or infrastructure.
The App, the Device firmware, and all associated intellectual property rights are owned by Switchover or its licensors. The Tuning Files are the intellectual property of your Reseller or their licensors. You acquire only the limited right to use the App as specified herein.
You acknowledge that the Reseller is the “manufacturer” of the tuning service and the Tuning Files. Switchover provides the App on an "As-Is" basis as a delivery mechanism only. Due to the end-to-end encryption employed by the AutoTuner ecosystem to protect Intellectual Property, Switchover cannot and does not view, inspect, or validate the content of any Tuning File transmitted through the App.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND DISCHARGE SWITCHOVER FROM ANY CLAIMS, DEMANDS, OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TUNING FILES PROVIDED BY YOUR RESELLER.
This includes, without limitation, claims regarding:
• Engine, transmission, or powertrain damage (“blown engine”).
• Voiding of vehicle manufacturer warranties.
• Poor drivability, stalling, or reduced fuel economy.
• Failure to pass state or provincial emissions inspections.
THE FOLLOWING SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE LAWS OF ALABAMA AND NEW YORK), THE APP, THE DEVICE CONNECTION, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
SWITCHOVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• ANY WARRANTY THAT THE APP OR DEVICE WILL BE COMPATIBLE WITH YOUR VEHICLE OR MOBILE DEVICE.
• ANY WARRANTY THAT THE TUNING FILES WILL BE SAFE, ERROR-FREE, OR COMPLIANT WITH EMISSIONS LAWS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
• YOUR USE OF THE APP AND THE DEVICE IS AT YOUR SOLE RISK.
• MODIFYING A VEHICLE'S ECU INVOLVES INHERENT RISKS OF MECHANICAL FAILURE AND PROPERTY DAMAGE.
• SWITCHOVER DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL SWITCHOVER, ITS PARENT COMPANIES, AFFILIATES, LICENSORS (INCLUDING THE DEVICE MANUFACTURER), OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
• LOSS OF PROFITS OR REVENUE.
• LOSS OF DATA OR USE.
• COSTS OF REPLACEMENT GOODS OR SERVICES (E.G., ENGINE REPAIR).
• DAMAGE TO YOUR VEHICLE OR PROPERTY.
• PERSONAL INJURY OR DEATH (EXCEPT WHERE PROHIBITED BY LAW).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, SWITCHOVER’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE APP, OR THE DEVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SWITCHOVER FOR THE APP (IF ANY); OR (B) FIFTY U.S. DOLLARS ($50.00).
You agree that Switchover Inc. shall be your sole point of contact and sole exclusive remedy for any claims arising out of the App or Device infrastructure. You knowingly waive any right to bring a claim directly against the foreign manufacturer of the Device or its foreign affiliates. All limitations of liability and disclaimers in these Terms shall extend to and benefit Switchover’s licensors and the Device manufacturer as third-party beneficiaries.
By connecting the Device to a vehicle, you consent to the automatic collection of the Vehicle Identification Number ("VIN") and ECU telemetry data. You acknowledge that this data is contractually necessary to verify the license and lock the Tuning File to the specific vehicle.
CONSENT: You acknowledge and agree that your personal data (including VIN and Account details) will be transferred to, processed, and stored on servers located in the European Union. Switchover ensures appropriate safeguards are in place, but you understand that your data may be subject to the laws of that jurisdiction.
Your use of the App is governed by the Privacy Policy, available at www.autotunerusa.com, which is incorporated herein by reference.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in Lee County, Alabama. You irrevocably submit to the exclusive jurisdiction of such courts.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SWITCHOVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
• Quebec: If you are a resident of Quebec, you and Switchover expressly agree that these Terms and all related documents be drafted in English only. Les parties aux présentes ont expressément convenu que les présentes modalités et tous les documents s’y rattachant soient rédigés en anglais seulement.
• Consumer Rights: Nothing in these Terms shall affect your statutory rights under the Consumer Protection Act (Ontario) or similar legislation in your jurisdiction, only to the extent such rights cannot be waived by contract. For all other claims, specifically those related to recreational or motorsports activities, the waivers herein apply.
If you downloaded the App from the Apple App Store or Google Play Store (the "App Distributor"):
• Acknowledgement: You agree that these Terms are between you and Switchover only, not the App Distributor.
• Scope of License: The license is limited to a non-transferable license to use the App on a device that you own or control.
• Maintenance: The App Distributor has no obligation to furnish any maintenance or support services.
• Warranty: To the maximum extent permitted by law, the App Distributor will have no warranty obligation whatsoever.
• Third Party Beneficiary: The App Distributor is a third-party beneficiary of these Terms and has the right to enforce them against you.
If any provision of these Terms is held to be invalid or unenforceable (such as the waiver of liability under Quebec law), the remaining provisions shall continue in full force and effect.
These Terms, the Privacy Policy, and the AutoTuner USA Terms of Service constitute the entire agreement between you and Switchover regarding the App and supersede all prior agreements.
If you have questions about these Terms, please contact us at: SWITCHOVER, INC. 851 Stage Rd, Auburn, AL 36830 Email: legal@switchover.us