Terms of Service, Shipping, Returns, Exchanges & Disclosures

1. Order Processing & Delivery

1.1 Processing Time. Orders are typically processed within 1–2 business days after receipt of payment. Custom or special-order items may require additional processing time.

1.2 Delivery. We use commercially reasonable efforts to deliver products or transmit digital files within estimated timeframes, but all delivery dates are estimates only and not guarantees.

1.3 eTune Service Processing & Turnaround Times.

eTune services are custom, iterative calibration services and are not instant or one-time deliverables. By purchasing an eTune, the customer acknowledges and agrees to the following:

• Initial tune files are typically delivered within the selected processing time at checkout; however, all timeframes are estimates and not guarantees.
• Turnaround times may vary depending on current workload, order volume, completeness/accuracy of customer-submitted information, and responsiveness in providing datalogs and feedback.
• Each revision cycle (based on datalog review) requires additional processing time. Delays in customer responses or incomplete logs will extend overall completion time.
• Priority or expedited processing options apply only to the initial tune delivery unless otherwise stated.
• eTune services may require multiple revisions to achieve optimal results; total completion time varies by vehicle setup, modifications, and mechanical condition.
• Phearable.net is not responsible for delays caused by customer-side issues including but not limited to: incorrect information, incompatible parts, mechanical problems, or failure to follow instructions.
• No guaranteed completion date is provided for any eTune service.

2. Returns, Exchanges, and Cancellations

2.1 All Sales Final. Except as expressly provided herein, all purchases of products, services, or digital files (including “tune” files or software) are final and non-refundable. We do not accept returns or exchanges for any products or services. We do not issue refunds for digital files or services.

2.2 Incorrect Tune, Tune File, Service, or Feature Selection. Customers are responsible for selecting the correct tune, tune file, service, and vehicle-specific features when placing an order. If a customer realizes that they have selected the wrong tune, tune file, service, or a feature that is not compatible with their vehicle, they must contact Phearable.net before the order is processed.

If the order has not yet been processed, Phearable.net will make reasonable efforts to revise the order to the correct tune, tune file, service, or compatible feature, if available. Any difference in price resulting from the revision will be handled accordingly.

If the requested revision results in a refund being due to the customer, the refund will be issued exclusively in the form of a Phearable.net gift certificate/store credit and will not be refunded to the original payment method.

Once an order has been processed, this provision no longer applies. Processed orders remain subject to all other terms and conditions stated herein, including our ALL SALES FINAL policy.

2.5 Cancellations.

• If cancellation is requested before shipment or processing, an 10% refund transaction fee applies. A $40 administrative fee on order cancellations may also be applied. Note: Software file, tunes, eTune orders are not eligible for cancellation as all sales are final regardless of order status.
• Special order or back-ordered items are subject to a restocking fee of 40%, regardless of shipment status. The restocking fee is applicable to all of the items on the order which have not been shipped. Not all back orders can be cancelled so be sure to check before placing your order.
• Cancellation CANNOT be requested after shipment. If the shipment is refused, you are responsible for all freight charges and will incur a restocking fee of 40%.

2.6 Abandoned Orders. Orders not claimed or redeemed within 180 days of purchase will be forfeited without refund.

3. Shipping, Risk, and Damage Claims

3.1 Risk of Loss. Title and risk of loss transfer to you upon delivery to the carrier (for physical goods) or upon transmission of digital files (for services/software).

3.2 Incorrect Address / Refused Shipments. You are responsible for providing accurate shipping information. Undeliverable shipments will result in an administrative $25 fee plus additional shipping charges for re-shipping. Refused packages will result in a 40% restocking fee in addition to shipping fees.

3.3 Damaged Shipments. You must report shipping damage to us and the carrier within 72 hours of delivery and note visible damage with the carrier upon receipt. Claims submitted after 72 hours will not be honored.

3.4 Customs, Duties, and Taxes. Customers outside the continental U.S. are responsible for all import duties, taxes, and customs clearance charges.

4. Warranty & Returns on Defective Items

4.1 Manufacturer Warranty. Physical products are covered solely by the original manufacturer's warranty, if applicable. Products sold by Phearable.net that are manufactured by a third party are subject solely to the applicable manufacturer's warranty, terms, conditions, and remedies. Phearable.net does not manufacture these products and has no authority to modify, extend, or provide warranty remedies beyond those offered by the manufacturer. Warranty claims may be required to be handled directly with the manufacturer or an authorized warranty service provider.

Phearable.net is not responsible for manufacturer warranty processing times, repair or replacement turnaround times, shipping delays, periods during which a product is unavailable for use, vehicle downtime, loss of use of a tune or vehicle, inconvenience, or any other incidental or consequential losses associated with a manufacturer's warranty claim. This includes, without limitation, shipping costs or other expenses incurred by the customer when sending a product to the manufacturer or an authorized warranty service provider for warranty evaluation, repair, or replacement, as well as any associated return shipping costs, unless otherwise expressly provided by the manufacturer.

Phearable.net does not provide refunds, credits, discounts, replacement products, reimbursement of shipping expenses, or other compensation for downtime, inconvenience, or delays resulting from a third-party manufacturer's warranty claim. The manufacturer's warranty and the remedies provided by the manufacturer constitute the customer's sole remedy for defects in third-party manufactured products.

4.2 No Warranty on Customer-Provided Equipment. We provide no warranty on customer-supplied items (e.g., ECUs) submitted for modification.

4.3 Customer Shipping for Warranty. You are responsible for shipping costs on warranty returns.

4.4 Vehicle Warranty Acknowledgement & Responsibility. By placing an order, you acknowledge that modifications to your vehicle (including but not limited to performance tuning, software changes, or installation of aftermarket components) may void or limit warranties offered by the vehicle manufacturer or any extended warranty provider.

We do not warrant or guarantee that any vehicle manufacturer, parts supplier, or warranty administrator will honor or continue to honor any warranty after use of our products or services, and we expressly disclaim responsibility for vehicle warranty decisions made by third parties. You agree that prior to purchase and use you will consult with your vehicle manufacturer or warranty provider regarding how use of our products and services may affect your warranty coverage.

5. Do-Not-Disclose / Confidentiality

5.1 Confidential Materials. All software, tune files, technical instructions, documentation, and related materials provided by us (“Confidential Materials”) are proprietary and confidential.

5.2 Non-Disclosure Obligation. You agree not to disclose, publish, distribute, reproduce, or share Confidential Materials with any third party without our prior written consent, except as required by law (with advance notice to us where possible).

5.3 No Reverse Engineering. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code or internal structure of any software or tune files.

5.4 Injunctive Relief. Unauthorized use or disclosure of Confidential Materials may cause irreparable harm. We may seek injunctive or equitable relief in addition to monetary damages.

6. Disclaimers & Limitation of Liability

6.1 No Warranty. Except as expressly stated in writing, all products, services, and digital files are provided “as is” and “as available” without any warranties of any kind.

6.2 No Guarantee of Results. We make no guarantees regarding performance, reliability, legality, or safety of any tuning, modifications, or software. Use is at your own risk.

6.3 Limitation of Liability. Our total liability will not exceed the amount you actually paid to us for the specific order at issue. We are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data loss, downtime, or vehicle damage.

6.4 Third-Party Claims. We are not responsible for claims by third parties related to your use or misuse of products or services.

6.5 Force Majeure. We are not liable for delays or failures due to events beyond our control.

7. Indemnification

You agree to defend, indemnify, and hold harmless Phearable.net, its owners, officers, employees, contractors, and affiliates against any claims, liabilities, damages, losses, or expenses arising out of:

(a) your breach of these terms,
(b) misuse of our products or services,
(c) violations of law, or
(d) third-party claims related to your use of our products or services.

8. Legality & Pricing

8.1 Pricing Changes. All prices are subject to change without prior notice.

8.2 No Retroactive Discounts. We do not offer retroactive discounts or refunds for prior purchases.

8.3 Errors & Misprints. We may correct typographical errors, inaccuracies, or misprints and cancel affected orders.

8.4 Off-Road Use Only; No Emissions or Legal Compliance Guarantee. The products, software, or tuning files provided by Phearable.net are intended for off-road or racing applications only and are not certified for on-road use. You are fully responsible for compliance with all applicable laws.

8.5 Compliance with Law. You are solely responsible for ensuring that your purchase and use comply with all applicable regulations.

8.6 Sales Tax & Processing Fee Allocation. Certain states require sellers to collect sales tax only after meeting specific economic nexus or transaction thresholds. If your order is placed from a state where Phearable.net has not met the required threshold to collect and remit sales tax, any sales tax amount displayed, estimated, or charged at checkout may instead be reallocated and applied toward processing, administrative, or payment-related fees.

In such cases, these amounts do not constitute state or local sales tax, and you acknowledge and agree that they are retained by Phearable.net as part of its order processing cost structure.

9. Governing Law & Venue

These Terms and any disputes arising from them are governed by the laws of the jurisdiction of Phearable.net’s principal place of business. You consent to exclusive venue and personal jurisdiction in those courts.

10. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Payment Disputes & Fees

11.1 Payment Dispute Fee. Any payment dispute, chargeback, reversal, or retrieval request initiated with a financial institution (including but not limited to credit card issuers, banks, or payment processors) will incur a non-refundable $150 administrative fee to cover investigation, documentation, and processing costs.

11.2 Unauthorized or Unsubstantiated Disputes. If a dispute is found to be unauthorized, unsubstantiated, or in violation of these Terms, you agree to reimburse all associated costs, including the disputed amount, the $150 dispute fee, and any additional fees imposed by the payment processor.

11.3 Dispute Resolution Outcome. If a payment dispute or chargeback is resolved in favor of Phearable.net, the transaction shall be considered valid and final. You agree that you are not entitled to any refund, credit, or compensation of any kind, and any products or services provided shall be considered fully delivered and fulfilled.

11.4 Account Standing. Initiating a dispute without first contacting us to resolve the matter may result in suspension of services, withholding of future orders, revocation of access to support or updates, or refusal of future business.