TRIFECTA Terms and Conditions, effective December, 2019
Products offering "individualization" (such as most Elite series products) or customization of features allow for the customer to REQUEST modifications to the product to suit the customer's needs or wants. TRIFECTA will make every attempt to meet these requests, but at its sole discretion, and with or without any cause, may or may not allow the requested modification and subsequently, may or may not modify the product per the request (e.g. safety, performance, quality, or reliability concerns).
In some cases, TRIFECTA may request additional information, data, or other information and evidence in order to satisfy the requested modification (e.g. when a vehicle speed limiter modification is requested, photographic evidence showing the vehicle is properly equipped to satisfy the requested modification). TRIFECTA is not responsible or liable for any damages arising due to false, misleading, or out-of-date information being provided when requested.
If a customer requests a vehicle speed limit adjustment, they acknowledge it is their responsibility to drive within the design limits of the vehicle and its tires. If a customer is unwilling or unable to do so, they should not request a speed limit adjustment. TRIFECTA is not responsible for losses arising from tire failure or any other consequence of operating the vehicle outside its design speed.
In some cases, TRIFECTA relies on information furnished by the manufacturer to identify the correct factory software for the vehicle for which the product is being installed on. In some cases, the manufacturer's information is missing, incorrect, or ambiguous. TRIFECTA products have safeguards put in place to identify situations where the information is incorrect, which generally halts the installation of the product. In the event this occurs, TRIFECTA may either ask for additional information about the vehicle and/or furnish an updated product on the sole basis of the report alone. Customers acknowledge this scenario may occur, agree to provide any additional information requested by TRIFECTA and agree this is not grounds for requesting a refund and/or dispute.
TRIFECTA, at its sole discretion may refuse to provide either initial product (through order cancellation and refund) or ongoing service to any customer which makes further modifications to their vehicle which are deemed unsafe, untunable or otherwise not acceptable. In the event a customer wishes to continue using TRIFECTA products on their vehicle after making further modifications, we strongly recommend consulting with us prior to making the modifications to avoid service refusal.
TRIFECTA, at its sole discretion, may either agree or not agree to assist in diagnosing vehicle malfunctions with or without the TRIFECTA product installed. In most cases, regardless of potential cause, we will engage in a troubleshooting process as a customer service gesture. However, while we have access to the same resources that factory-trained technicians do, it should not be assumed that we are factory-trained technicians, nor should our assessment be treated as anything further than strictly an opinion. If we engage in a troubleshooting process, we fully expect the customer to comply with our requests completely, within the bounds of any local, state, and federal law.
In the event a vehicle's operation is anomalous after installation of TRIFECTA product(s), TRIFECTA may request a diagnostic “data log” in order to investigate the cause of the anomaly. The customer agrees that prior to recording the diagnostic “data log”, the customer has taken every means possible to ensure that the vehicle is in perfect and proper working order by qualified parties. TRIFECTA reserves the right to request evidence of completion of such diagnostics and also reserves the right to refuse to provide additional service to customers who have not performed said diagnostics to TRIFECTA's satisfaction.
TRIFECTA, through its website, marketing content, external correspondence, emails, social media interaction and/or any other external communications or advertisements may make specific claims about the performance or economy enhancing abilities of its products. Any such claims should be considered “up to”, regardless of whether the “up to” term is used. For example, if there's an assertion that the product “increases horsepower by 10 horsepower”, it should be considered as “increases horsepower by 'up to' 10 horsepower”. Vehicle condition, variances in vehicle manufacturer specifications, local environmental variables, local fuel quality, manufacturer software/hardware updates/revisions, driver skill/style, and/or other factors may cause any stated gain claims to be more, or less than what is actually experienced. By using and/or installing TRIFECTA products, the customer acknowledges this clause, and understands that TRIFECTA does not guarantee the performance or economy gain claims made will be experienced by all users of its products, and further agrees that this is not grounds for a refund and/or dispute.
TRIFECTA calibrations are designed to be installed on vehicle engine and transmission control modules (ECM/TCM) that have not been previously tampered with and utilize security mechanisms to detect potential product theft, unauthorized installation and/or fraudulent use of the product. In the event a vehicle experiences a failure and subsequent replacement of its ECM and TCM by a salvage unit (e.g. any "used" unit that is not brand new from the manufacturer), our products may refuse to install on such units. We reserve the right to request full documentation of such repairs by a shop in an effect to confirm such repair and also reserve the right to refuse the transfer of the product to the "used" ECM or TCM for any reason in this scenario.
TRIFECTA provides products that enable and utilize all factory-installed emission control devices and we will not disable such devices or diagnostics pertaining to such devices in its products.
In some cases, customers come to TRIFECTA and make an inquiry regarding whether TRIFECTA's product will fix an undesirable characteristic present in the factory calibration. In answering such inquiries, TRIFECTA will make every attempt to fully understand said reported characteristic and will answer to the best of its knowledge and understanding of said reported characteristic. However, it is not consider grounds for a refund and/or dispute if said reported characteristic is not resolved with the TRIFECTA calibration to customer's satisfaction.
Reprogramming the ECU software is inherently risky by nature. By replacing the software in ECU modules, it exposes the vehicle to a state where the software may not install, the vehicle may not operate correctly, or may not operate at all. TRIFECTA support resources are available during regular business hours and will make every attempt to respond as quickly and efficiently as possible. The customer is to allow TRIFECTA up to two business days (weekends excluded) to respond to and initiate the customer support process should an installation or operational issue occur. In some situations, certain circumstances outside the control of TRIFECTA may cause the vehicle to either not program at all, or abort in the middle of the programming process (in which case the vehicle would become non-operable). Customer agrees to accept the risk that this may occur and agrees that TRIFECTA is not responsible for any costs and/or specific damages (including, but not limited to damages such as “deprived use”) associated with restoring the vehicle to correct operation. Customer also agrees to offer due diligence in assisting TRIFECTA support resources to troubleshoot and attempt to resolve any such situation as described in this clause.
Customer acknowledges that certain factors outside the control of TRIFECTA may cause a TRIFECTA product to not perform to its expected potential, and/or perform with expected features. These factors may include (but not be limited to): local environmental conditions, local fuel quality, grade of fuel used in vehicle, variances in factory equipment installed in vehicles, variances or updates in factory software calibrations, condition of the vehicle, installation of genuine manufacturer and/or aftermarket parts and/or software, manner in which vehicle is operated, and other similar factors. In certain circumstances, TRIFECTA may wish to further investigate such reports of performance or feature shortcomings through various investigative processes, such as collecting performance and/or operational data collection (e.g. diagnostic data logs). Customer agrees to perform due diligence to follow any such processes requested by TRIFECTA, to TRIFECTA's satisfaction before any potential customer satisfaction refund is to be considered.
Certain TRIFECTA products may require a computer with Microsoft Windows 7, Windows 8, Windows 8.1, or Windows 10 operating system installed on it (x86 or x64 versions), with correct Windows software updates, and proper user privileges to install software and/or device drivers. Customer acknowledges this requirement and agrees to procure a compatible computer, in proper working order, suitable for installing the TRIFECTA product(s). In the event there is a product installation issue, TRIFECTA support resources will make every effort to assist in troubleshooting and resolving the issue. In the event the installation issue is deemed to be a problem with the computer being used to install the product (e.g. software and/or hardware configuration), customer agrees to perform all recommended steps as directed by TRIFECTA support team, and if necessary, procuring a different computer to perform the installation. Customer acknowledges that refunds will not be offered on the basis that customer was unable to provide a suitable computer for installing the TRIFECTA product(s). Customer also acknowledges that TRIFECTA is not responsible for any costs associated with obtaining a suitable computer for installing TRIFECTA product(s).
Any information that TRIFECTA shares, or customer observes about either the operation of any customer vehicle, the detailed workings of TRIFECTA products, and/or open/unresolved support concerns is considered confidential and cannot be disclosed outside the scope of the relationship between the customer and TRIFECTA.
It is the customer's responsibility to maintain their calibration file. While TRIFECTA will make every attempt to also maintain customers' files, TRIFECTA is not responsible for loss, misplacement, or deletion of customer file(s) after the fact. Also, it is the policy of TRIFECTA to require that original purchasing customer make a request to replace and/or provide a calibration file lost or otherwise unavailable to customer. In the event the vehicle is no longer owned by the original customer, the request must be placed by the current owner of the vehicle, which, if requested, must be proven by submitting a registration and/or insurance card showing both the current owner's name and the vehicle identification number (VIN). Further verification that the current owner is in fact the person making the request may be required.
There may be some instances where the availability and/or performance of TRIFECTA exclusive features are affected by vehicle condition, operating conditions, driving styles, software limitations and/or other circumstances which are outside the scope of TRIFECTA's products. It is the duty of the customer to make inquiry of TRIFECTA regarding such limitations if purchase decision is being made in whole or part based upon feature availability. Regardless, TRIFECTA, in its sole discretion, has final say in determining whether TRIFECTA exclusive features have in fact been delivered.
All advertised TRIFECTA-exclusive features apply specifically and only to the United States (US) market. However, in many cases, these features are available outside the US market if the vehicles outside the US employ the same software the US vehicles do. It is the customer’s responsibility to inquire prior to making a purchase as to the availability of these features if they are located outside the United States and if they are making a specific purchase decision based on the assumed availability of these features. TRIFECTA will not issue product refunds on the basis that a feature is not available for a vehicle located outside the United States.
TRIFECTA products are considered non-returnable / non-refundable once the customer downloads the calibration file from the customer center on our web site, as tracked by our web site. Requests for refunds after the calibration file has been downloaded will generally be denied. However, TRIFECTA in its sole discretion may make exceptions to this policy but is by no means obligated to once the file has been downloaded.
Customer agrees to furnish accurate information at time of order. TRIFECTA products may rely on the accuracy of certain information provided by the customer in order to produce the end product. If inaccurate information is provided at the time of order, it may result in the production of a product that cannot be installed on the customer's specific vehicle (but otherwise MAY be installable on A DIFFERENT vehicle for which the original, but incorrect information was provided). In this situation, once the product file is downloaded, TRIFECTA considers its product purchase obligation met, and the product becomes non-returnable / non-refundable (except where TRIFECTA makes an exception) per the above policy. If inaccurate order information is discovered by the customer, prior to downloading the product file, the customer may request to have the information, and the product file updated accordingly, at no charge, provided the corrected vehicle information pertains to a like/kind vehicle.
TRIFECTA products that allow continuing support and updates are issued to the owner of the vehicle at the time of original purchase AND the specific vehicle, and such support and updates will only be provided to the original named customer and vehicle, as identified by unique vehicle information such as vehicle identification number (VIN) and/or any unique serial number information. TRIFECTA reserves the right to request and examine any supporting documentation proving original product purchase and the vehicle in question, and in its sole discretion may determine whether the burden of proof has been met. TRIFECTA, also, in its sole discretion may make exceptions to this policy.
Ownership of, and support of TRIFECTA calibration products are not transferable. When a TRIFECTA calibration product is purchased, it is considered purchased for the vehicle described at the time of order, by the person that owns the vehicle at the time of the order. If the vehicle is subsequently sold to another party, the original purchaser may provide the calibration files, hardware, and software to install the calibration on the vehicle to the new owner, for use as they see fit. However, the ownership and any such support of the product remains with the original purchaser only. TRIFECTA, in its sole discretion, to any such degree that TRIFECTA decides, may provide exceptions to this policy. TRIFECTA may also require the new owner of the vehicle to purchase the product for the vehicle, as the new owner, if they wish to have continuing support of the product on the vehicle.
Under certain circumstances, TRIFECTA may make its future product(s) available as a “pre-release preview” to external parties, as noted in the product file name containing “_PRERELEASE_PREVIEW” as a suffix. The term “pre-release preview” means the product is in a state, at that time, believed to be the final production state for the product when it becomes available for purchase. However, a “pre-release preview” for a specific product may represent a product that is subject to future changes or even outright cancellation depending on various factors before it becomes available for purchase. A user of a “pre-release preview” product acknowledges that the product may change without notice, and accepts the risks that may accompany a product that may not be a final production release state. A user of a “pre-release preview” also agrees not to disclose their experiences with the product with regard to its performance, reliability, usage, or any other characteristic without express permission of TRIFECTA. Finally, a user of a “pre-release preview”, if granted permission to disclose their experiences with the product, also agrees they will refer to it as a “pre-release preview” in any said disclosure.
It is the responsibility of the customer to be informed regarding any issue that may arise which is documented by the vehicle manufacturer (such as recalls, technical service bulletins, etc.) which may lead to “deprived use” of the vehicle, diminished resale value, alternative transportation costs, and/or any other loss if such issue arises subsequently after the installation of a TRIFECTA product. TRIFECTA is not responsible for any such loss.
Installing any aftermarket calibration such as TRIFECTA's performance products, let alone performing any modification whatsoever to a vehicle may cause the original vehicle manufacturer's warranty and/or any extended warranty to be voided or otherwise not honored. While there is established precedent that vehicle manufacturers cannot deny a warranty claim on the sole basis the vehicle is modified, manufacturers are increasingly taking the tact of casting blame for vehicle component failures on said modifications, if discovered, and, in some cases, taking the additional step of “blacklisting” the vehicle, or promising to deny any and all future warranty claims and warranty repairs on the basis of finding, and noting the vehicle was modified in the past. By using TRIFECTA products, the customer acknowledges this risk, and agrees that TRIFECTA is not liable for denying of manufacturer warranty or extended warranty claims, any loss that would otherwise have been covered under the manufacturer's warranty or the extended warranty had the manufacturer's warranty or extended warranty been in effect, and/or any loss or devaluation of the vehicle due to the “blacklisting” of the vehicle.
Some aftermarket performance products may not be considered in compliance with laws and regulations for installation, operation, or use in all jurisdictions. By using and/or installing TRIFECTA products, the customer acknowledges this risk and is responsible for being aware of laws and regulations in their jurisdiction for installing, using, and/or operating vehicles with aftermarket modifications, as well as abiding by said laws and regulations.
TRIFECTA may provide a facility for customers to leave reviews of its products. If such a facility exists and is utilized by anybody, the content of the review may be shared by TRIFECTA, or any of its affiliates with any public or private medium, online or otherwise. TRIFECTA reserves the right to remove any review, for any reason such as (but not limited to): submitting a false review, submitting a review in contrary with an actual person's experience, submitting a review on behalf of any third party, submitting a review by a fictitious user, and/or submitting a review (either directly or indirectly) promoting any non-TRIFECTA product. TRIFECTA also reserves the right to modify, or edit any submitted review to comply with the above terms.
If any TRIFECTA product is being installed by anyone other than the end customer (e.g. a 3rd party reseller), it is the duty of the installer to make the end customer aware of these terms and conditions, and the installation of the product is considered acknowledgment that this has occurred.
Refunds and "disputes" will not be offered on any basis related to customer dissatisfaction that has arisen due to a discontented outcome from any of the terms and conditions outlined above. By submitting this order and receiving the product, I agree to these terms and conditions. If I am a new customer and do not agree to these terms, I agree I will not download the product, return any interface cables and/or hardware, and upon receipt of any interface cable and/or hardware, will accept a full refund less shipping costs from TRIFECTA.
All claims and disputes pertaining to TRIFECTA's products, or any claim and dispute arising under or relating to this Agreement, or any other Agreement between TRIFECTA, and any customer are to be settled by binding arbitration in the state of Washington or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
The terms and conditions reported in this document may change without notice, at any time.
Copyright © 2006--2019 TRIFECTA Performance Inc.