Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern access to and use of the websites, portals, and services operated by Himalayan Performance Labs (“HPL”, “we”, “us”, or “our”), Solan, Himachal Pradesh, India. By creating an account, submitting a job, purchasing a product, or otherwise using our services, you (“client”, “you”) agree to these Terms and our Privacy Policy. If you do not agree, do not use the services.

If you use the services on behalf of a company, you represent that you have authority to bind that company, and “you” includes that entity.

2. Services

HPL provides automotive reverse-engineering, binary analysis / patching, and related technical consulting as described on our website or in a written quotation. Scope, deliverables, timelines, and fees for a specific engagement may be set out in an order, quote, or email confirmation. Features of the website (accounts, shop, submissions) may change over time.

Research and off-road use only. All work, analysis, deliverables, and advice provided by HPL are solely for research purposes and for use on off-road vehicles (vehicles not intended for use on public roads). You must not use our services or deliverables to make a vehicle street-legal where it is not, to defeat emissions or safety requirements for on-road use, or for any purpose prohibited by law. On-road use of modified vehicles is at your own sole risk and responsibility.

3. Eligibility and accounts

• You must be at least 18 years old and legally able to contract.
• You must provide accurate registration information and keep it updated.
• You are responsible for safeguarding login credentials and for all activity under your account.
• Client accounts and admin / staff accounts are separate. Misuse of either portal may result in suspension.

4. Client warranties (critical)

You represent and warrant that:

1. You own, or have lawful written authority to possess and to commission analysis or modification of, every file, binary, ECU image, calibration, or other material you provide to us.
2. Your request and intended use comply with all applicable laws in every relevant jurisdiction, including intellectual property, computer misuse, export control, automotive, emissions, safety, and consumer laws.
3. You will not use our work to circumvent vehicle immobilisers or security systems, defeat emissions or safety systems illegally, commit fraud, or violate manufacturer or third-party rights without lawful authorisation. Deliverables are for research and off-road use only, as stated in Section 2.
4. You are solely responsible for how you install, flash, distribute, or use any deliverable we provide, including any effect on vehicle warranty, insurance, roadworthiness, or regulatory compliance.

We may refuse, suspend, or cancel work if we reasonably believe a request is unlawful, unauthorised, or unsafe. You will indemnify HPL against claims arising from breach of this Section 4.

5. Acceptable use

You must not:

• Probe, attack, or disrupt our systems or other users.
• Upload malware or content you are not entitled to share.
• Resell our portal access without written permission.
• Misrepresent your identity, authority, or the legality of a project.

6. Fees, taxes, and payments

Prices are as shown at checkout or in a written quote (currency as stated). Unless expressly stated otherwise, fees are exclusive of applicable taxes; you are responsible for taxes required by law. Payments may be processed through third-party providers (for example Razorpay) or by bank / Wise transfer as instructed. Orders paid by transfer remain pending until we confirm receipt. Chargebacks made in bad faith after delivery of digital work may result in account suspension and recovery action.

7. Refunds

Digital and custom engineering work is generally non-refundable once substantive work has begun or files have been delivered, except where required by mandatory consumer law or where we cancel an order before work starts. If we cannot perform a paid service for reasons solely attributable to us, we may offer a refund or credit at our discretion. Contact support@himalayanperformance.com within 7 days of the issue with your order ID.

8. Intellectual property

• You retain ownership of materials you lawfully provide to us, subject to the licence below.
• You grant HPL a non-exclusive licence to use, copy, and process those materials solely to perform the requested services and maintain our systems.
• Tools, methods, scripts, know-how, and website content belonging to HPL remain our intellectual property. Delivery of a patched binary or report does not transfer ownership of our underlying tools unless agreed in writing.
• Subject to full payment and these Terms, you receive a licence to use deliverables for your internal authorised purposes. You may not publicly redistribute our proprietary tooling.

9. Confidentiality

Each party will keep confidential non-public information received from the other in connection with a project, except information that is public, independently developed, or required to be disclosed by law. We may use anonymised / aggregated technical insights that do not identify you or your proprietary calibrations.

10. No warranty; high-risk use

Services and deliverables are provided “as is” to the maximum extent permitted by law. We do not warrant that reverse-engineering results will be error-free, compatible with every hardware revision, or fit for a particular racing, emissions, or regulatory purpose. Vehicle modification can affect safety, emissions legality, and insurance. You assume all risk of installation and use. Where liability cannot be excluded, it is limited as in Section 11.

11. Limitation of liability

To the maximum extent permitted by applicable law, HPL and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption, even if advised of the possibility. Our total aggregate liability arising out of or relating to the services for any claim is limited to the fees you paid to HPL for the specific order giving rise to the claim in the three (3) months before the event. Nothing in these Terms excludes liability that cannot be limited under Indian law (including for fraud or wilful misconduct).

12. Indemnity

You will defend and indemnify HPL against claims, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your materials, your vehicle use or flashing of deliverables, or your violation of law or third-party rights.

13. Suspension and termination

We may suspend or terminate access for breach, non-payment, legal risk, or misuse. You may stop using the services at any time. Sections that by nature should survive (including IP, confidentiality, warranty disclaimers, liability limits, indemnity, and governing law) survive termination.

14. Third-party services

Payment gateways, email, hosting, and authentication providers are governed by their own terms. We are not responsible for outages or acts of those providers beyond our reasonable control.

15. Changes

We may update these Terms by posting a revised version with a new “Last updated” date. Material changes may be communicated by email or site notice where practicable. Continued use after the effective date constitutes acceptance, except where mandatory law requires otherwise.

16. Governing law and disputes

These Terms are governed by the laws of India. Courts at Solan, Himachal Pradesh, India shall have exclusive jurisdiction, subject to any mandatory consumer protections that cannot be waived. Before filing a claim, the parties will attempt good-faith resolution by email to support@himalayanperformance.com.

17. Contact

Himalayan Performance Labs
Solan, Himachal Pradesh, India
support@himalayanperformance.com