Terms of service
Welcome to OEM Activations. These Terms of Service ("Terms") govern your use of our website, software, and services (collectively, the "Services") provided by OEM Activations LLC ("we," "us," "our"). By purchasing or using our Services, you agree to these Terms.
1. Description of Services
OEM Activations provides software-based vehicle coding, calibration, and configuration services for select Jaguar Land Rover ("JLR") vehicles, including but not limited to:
- Feature activations (cosmetic, comfort, and performance features)
- Module flashing and programming
- Calibration services
- Diagnostic and configuration tools
- Software platforms for shops and individual users
Services are delivered remotely via our software platform and require the customer to have a compatible vehicle, an OBD ENET cable, internet connectivity, and a Mac or Windows laptop.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use our Services. By using our Services, you represent that you meet these requirements.
3. Not Affiliated With Jaguar Land Rover
OEM Activations is an independent service provider. We are not affiliated with, endorsed by, or sponsored by Jaguar Land Rover, Range Rover, Defender, Discovery, or any related trademark holder. All trademarks and brand names are property of their respective owners and are referenced solely for compatibility and identification purposes.
4. Customer Responsibilities
You are responsible for:
- Providing an accurate Vehicle Identification Number (VIN) at the time of purchase
- Ensuring you are the legal owner of the vehicle being modified, or have explicit authorization from the owner
- Ensuring your vehicle is in proper working condition prior to service
- Following all installation, connection, and execution instructions provided
- Maintaining stable internet and power connections during service execution
- Backing up any vehicle settings or configurations you wish to preserve
5. Warranty Disclaimer
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
We do not guarantee that:
- Our Services will be uninterrupted, error-free, or compatible with all vehicles
- Modifications will remain in effect after future manufacturer software updates
- Specific features will function exactly as described in your particular vehicle
- Our Services will not interact unexpectedly with prior modifications, aftermarket parts, or non-OEM components
You acknowledge that vehicle software modifications are inherently complex and that outcomes may vary based on factors outside our control.
6. Vehicle Warranty Implications
You acknowledge and agree that:
- Modifications to your vehicle's software may affect manufacturer warranty coverage
- It is your responsibility to understand the warranty implications of any modifications
- We make no representations about the impact of our Services on your vehicle's warranty, insurance, or resale value
- Some jurisdictions may have specific regulations regarding vehicle modifications, and compliance is your responsibility
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- Our total liability for any claim arising out of or related to these Terms or the Services shall not exceed the amount you paid us for the specific Service giving rise to the claim
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, vehicle damage beyond the scope of the Service performed, towing costs, rental car expenses, or loss of vehicle use
- We are not liable for damages caused by customer error, improper equipment, unstable connections, pre-existing vehicle issues, or third-party modifications
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless OEM Activations LLC, its owners, officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any law or third-party rights
- Inaccurate information you provide to us, including but not limited to incorrect VIN data or misrepresentation of vehicle ownership
9. Intellectual Property
All software, content, designs, logos, and materials provided through our Services are the property of OEM Activations LLC or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Services solely for their intended purpose.
You may not:
- Reverse engineer, decompile, or disassemble any of our software
- Copy, modify, distribute, or resell our Services or content
- Use our Services to develop competing products
- Remove or alter any copyright, trademark, or proprietary notices
10. Wholesale and Shop Accounts
Customers operating as shops or resellers are subject to additional terms specified in their wholesale agreement. In the absence of a separate written agreement, the standard Terms apply, and reseller pricing is offered at our discretion and may be modified or revoked at any time.
11. Refunds
Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.
12. Acceptable Use
You agree not to use our Services to:
- Modify a vehicle you do not own or have authorization to modify
- Defeat anti-theft systems or facilitate vehicle theft
- Bypass safety systems in violation of applicable law
- Violate any local, state, federal, or international law
- Engage in fraudulent activity or chargebacks without first attempting resolution
We reserve the right to refuse or terminate Services to any customer at our sole discretion, including for violation of this section.
13. Account Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for:
- Violation of these Terms
- Fraudulent activity, including chargebacks filed without prior contact
- Use of the Services for unlawful purposes
- Non-payment
Termination does not relieve you of any payment obligations incurred prior to termination.
14. Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
15. Dispute Resolution
Informal resolution required first. Before filing any formal claim, you agree to contact us in writing and allow us 30 days to resolve the issue.
Governing law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Venue. Any dispute that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. The version in effect at the time of your purchase governs that purchase. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
18. Entire Agreement
These Terms, together with our Refund Policy and Privacy Policy, constitute the entire agreement between you and OEM Activations LLC regarding your use of the Services and supersede any prior agreements.
19. SMS and Text Message Communications
By texting OEM ACTIVATIONS at (858) 242-4442, you consent to receive conversational SMS replies regarding vehicle compatibility, software features, and your service or order inquiries. We send messages only in response to consumer-initiated conversations; we do not send marketing or promotional text messages.
- Message frequency varies based on your inquiry.
- Message and data rates may apply per your wireless carrier's plan.
- Opt out at any time by replying STOP to any message. Reply HELP for assistance, or contact us at support@oemactivations.com.
- Privacy: Mobile opt-in data and consent are not shared with or sold to third parties or affiliates for marketing purposes. See our Privacy Policy for details.
20. Contact
For questions about these Terms, please use the contact form on our website or email us at support@oemactivations.com.