TOONA Terms & Conditions

1. About TOONA

TOONA is specialist automotive calibration, diagnostic and ECU programming software intended for supported electronic control units, operating systems and vehicle applications.

Depending on the ECU, operating system and licence entitlements, TOONA may provide functions including:

• reading ECU or calibration data;
• viewing and editing calibration parameters;
• ECU data logging and diagnostics;
• realtime calibration;
• writing calibration data;
• writing or reprogramming ECU firmware;
• Advanced Bi-Directional Commands;
• comparing calibration files;
• diagnostic commands;
• access to separately licensed C&M Performance Custom Operating Systems; and
• other vehicle tuning, diagnostic and development functions.

Available functionality varies with ECU hardware, operating system, software version, licence entitlement and connected equipment. The presence of a function in TOONA does not mean that it is supported by every ECU or operating system.

2. Technical Knowledge and Intended Use

TOONA is a specialist automotive tuning, diagnostic and development product. ECU calibration and programming can affect engine operation, transmission operation, emissions, drivability, component protection and other vehicle systems. Incorrect changes can cause serious damage.

You are responsible for ensuring that you have sufficient technical knowledge and experience for any operation you undertake. If you do not understand the purpose or effect of a calibration parameter, programming operation, Advanced Bi-Directional Command or vehicle modification, obtain appropriate technical assistance before proceeding.

TOONA does not replace professional mechanical, electrical, tuning or engineering judgement.

3. Base TOONA Software Licence

Subject to these Terms and payment of the applicable fee, C&M Performance grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to use TOONA in accordance with the entitlements associated with your account.

A standard paid TOONA licence is a perpetual base software licence for one registered PC at a time. A validly purchased base licence does not expire solely because time passes and does not require a recurring subscription fee.

The licence may be moved to another PC. When the replacement PC is registered or activated, the previously registered PC is deregistered and loses access to licensed TOONA functionality. This permits legitimate PC replacement or upgrading but does not create a second licence or permit simultaneous licensed use on multiple PCs.

Purchasing TOONA does not transfer ownership of TOONA, its source code, protected definitions or C&M Performance intellectual property to you.

Custom Operating Systems, Custom OS credits and other separately identified paid entitlements are not included in the base TOONA software licence.

4. Perpetual Licence, Updates and Future Paid Features

Your base TOONA licence remains perpetual while it is valid and has not been terminated in accordance with these Terms. It includes access to base TOONA functionality made available to paid base-license users and generally released base software updates while those updates are provided.

A perpetual licence does not guarantee that TOONA will be developed, updated or supported indefinitely, nor does it grant automatic access to every product, feature or capability C&M Performance may develop in the future.

C&M Performance may introduce separately priced features, Custom Operating Systems, specialist packages, credits or other entitlements. Future paid development may require additional credits or another separately stated entitlement without converting the existing base licence into a subscription.

5. Accounts, Device Registration and Licence Verification

Some TOONA functionality requires a TOONA account and an active licence entitlement. You are responsible for accurate account information, security of your credentials, control of your account and notifying us if you reasonably believe your account has been compromised.

You must not share, sell, rent, lend or transfer your TOONA account or licence credentials without our express permission.

TOONA may periodically communicate with our licensing services to verify your account, registered PC, licence status and feature or Custom OS entitlements. Periodic internet access may therefore be required. A previously issued offline licence may remain usable for a limited period according to the licensing system in force at the time.

Attempts to circumvent the one-PC restriction, maintain multiple simultaneous active installations, falsify device identity, manipulate registration information or otherwise defeat licence controls are prohibited.

6. Base Features and Additional Entitlements

The base licence provides the standard licensed functionality included with TOONA, subject to supported hardware and operating systems. Additional functionality may be made available through separate entitlements, including C&M Performance Custom Operating Systems, Custom OS credits, specialist ECU or operating-system packages and other optional features.

A separately licensed product or feature must be purchased or otherwise expressly granted to your account before it is available.

7. Custom Operating Systems and Credits

C&M Performance Custom Operating Systems are separate products and are not included with the base TOONA licence. Access may require a separately purchased entitlement or the spending of the number of Custom OS credits shown by TOONA or the purchase portal at the relevant time.

Credit requirements and separately priced Custom OS offerings may change prospectively as products are developed. A credit is a TOONA licensing entitlement only; it is not cash, stored value or a transferable currency and cannot be sold or transferred between users unless C&M Performance expressly permits it.

A Custom Operating System can substantially change ECU operation and may require specific ECU hardware, sensors, wiring, calibration or vehicle modifications. Installing an incompatible operating system may render an ECU or vehicle inoperative. You must confirm compatibility before programming.

A Custom OS licence does not grant permission to distribute, sell, sublicense, publish, upload, extract or provide protected Custom OS files or definitions to another person, or to defeat entitlement controls.

8. ECU Programming and Flashing Risk

Writing data to an ECU carries an inherent risk of programming failure. Programming may fail because of power loss, low voltage, communication interruption, disconnected or defective interfaces, incompatible hardware, incorrect ECU identification, corrupted files, defective ECU memory, competing software, computer failure, user interruption or use of an incorrect calibration or operating system.

A failed programming operation can leave an ECU partially programmed or non-functional and may require recovery programming, bench programming, physical repair or replacement.

You are responsible for stable electrical power, reliable communications, correct hardware and following applicable TOONA warnings and instructions.

9. Calibration Changes and Vehicle Damage

You are responsible for calibration changes made using TOONA and for determining whether those changes are suitable for the relevant engine, transmission, ECU and vehicle.

Incorrect calibration can cause detonation, pre-ignition, excessively rich or lean mixtures, excessive exhaust temperature, engine or transmission damage, turbocharger or supercharger damage, catalytic converter damage, poor drivability, excessive engine speed or boost, loss of protection functions, increased emissions, diagnostic faults, unexpected vehicle behaviour or component failure.

The fact that TOONA permits a value to be entered does not mean that value is safe or suitable. Parameter ranges and descriptions are calibration tools, not a guarantee of mechanical safety.

10. Advanced Bi-Directional Commands

TOONA may provide Advanced Bi-Directional Commands that request, activate, deactivate, override, test or otherwise control supported ECU or vehicle functions. These commands can cause immediate physical operation of vehicle components or changes in ECU behaviour.

You must ensure the vehicle and surrounding area are safe before issuing a command and must not execute a command where it could create an unreasonable risk of personal injury, vehicle movement, mechanical or electrical damage, overheating, fire, fuel release or damage to connected equipment.

11. Backups and Original Files

You should retain appropriate backups of original ECU data and important calibration files before modifying or programming a vehicle. Where an original ECU read is available, retain an unmodified copy.

You are responsible for your own backups unless a TOONA service expressly states that it provides backup storage. Moving a licence to a replacement PC does not necessarily transfer locally stored calibration files, jobs, logs or settings.

12. Safe Use

You must use TOONA in a manner that does not create an unreasonable risk to yourself, vehicle occupants or other road users. Do not perform activities requiring substantial interaction with TOONA while driving.

Where data logging or testing must occur while a vehicle is moving, the vehicle must be operated safely and in accordance with applicable road laws. Testing unsuitable for public roads should be performed in an appropriate controlled environment.

13. Legal and Regulatory Compliance

You are responsible for ensuring that your use of TOONA and any vehicle modifications comply with laws and regulations applying to that vehicle and location, including requirements concerning roadworthiness, emissions, noise, certification, motorsport use, registration, insurance and pollution-control equipment.

The availability of a feature or calibration option within TOONA is not a representation that its use is legal for a particular vehicle, location or purpose. You must not use TOONA intentionally to engage in unlawful activity.

14. Vehicle Manufacturer Warranties

Using TOONA to alter ECU software or vehicle calibration may affect manufacturer or third-party warranties. C&M Performance is not responsible for determining whether a modification affects a warranty.

15. Supported and Unsupported Configurations

Automotive electronic systems can vary between vehicle models, production dates, replacement modules, software revisions and previous modifications. You must not assume compatibility merely because an ECU appears physically similar to another supported ECU.

Where TOONA identifies an ECU, operating system or calibration as unsupported, unknown or incompatible, do not bypass that protection and program the ECU unless specifically instructed to do so by C&M Performance.

16. Third-Party Hardware and Software

TOONA may communicate with third-party hardware, interfaces, ECU firmware, operating systems or software. Third-party products remain subject to the rights and terms of their respective owners. References to manufacturers, projects, protocols or products do not imply sponsorship or endorsement unless expressly stated.

We do not control third-party hardware or software and cannot guarantee its continued compatibility with TOONA.

17. Intellectual Property

TOONA, including its original source code, interface, protected calibration definitions, database structures, documentation, graphics, software tools and C&M Performance-developed operating-system modifications, is protected by intellectual property laws.

Except as permitted by law or expressly authorised by us, you must not copy or redistribute TOONA; provide your licence or licensed components to another person; sell or sublicense TOONA; circumvent licence, entitlement or access controls; falsify device information; extract protected definitions for redistribution; remove technical protection measures; distribute C&M Performance Custom Operating Systems; or use protected TOONA material to create or distribute an unauthorised competing copy.

Nothing in these Terms claims ownership of vehicle-manufacturer firmware, third-party software or material owned by another rights holder.

18. Updates and Changes to TOONA

TOONA is actively developed and may change over time. Updates may add or improve features, fix errors, change ECU support, modify definitions or communications behaviour, improve security, change licensing systems or remove or replace obsolete functionality.

We do not guarantee that every historical version will remain supported indefinitely and may require an update where reasonably necessary for security, licence verification, compatibility or safe operation.

19. Software and Online Service Availability

We aim to keep TOONA and its online services available and functional, but uninterrupted availability cannot be guaranteed. Services may occasionally be unavailable because of maintenance, internet outages, hosting failures, security incidents or circumstances outside our reasonable control.

20. Payments and Pricing

Prices displayed for TOONA licences, Custom Operating Systems, credits, upgrades and separately licensed features are in the currency stated at purchase. Prices and future credit requirements may change from time to time. A future price change does not alter the amount already paid for a completed purchase.

Payments may be processed by third-party payment providers. C&M Performance does not necessarily receive or store complete payment-card details.

21. Refunds and Australian Consumer Law

Our products and services come with rights and guarantees that may apply under the Australian Consumer Law and other applicable laws. Nothing in these Terms excludes, restricts or modifies those rights where doing so would be unlawful.

A customer is not automatically entitled to a refund merely because they change their mind, no longer want the software, purchase an incompatible product where relevant compatibility information was correctly provided, lack the technical knowledge required to use it, cause a problem through misuse, breach these Terms, or lose access because of valid termination for fraudulent or prohibited conduct.

This section does not affect any refund, replacement, cancellation or other remedy required by law.

22. Fraudulent, Abusive and Prohibited Activity

TOONA accounts, licences, credits and entitlements are provided on the condition that they are used legitimately and in accordance with these Terms. C&M Performance may immediately suspend or permanently terminate access where we reasonably determine that a user has engaged in fraudulent activity, serious abusive activity, deliberate licence circumvention or another material abuse of TOONA or C&M Performance services.

Prohibited conduct includes payment fraud; use of stolen or unauthorised payment information; fraudulent or bad-faith chargebacks; intentionally false account or purchase information; unauthorised account or licence sharing; circumvention of the one-PC restriction; falsifying device identity; bypassing licence or entitlement checks; unauthorised extraction, copying, sharing or sale of protected definitions or Custom Operating Systems; attempting to obtain paid access without the required entitlement; attacking, probing or interfering with TOONA infrastructure; deliberately exploiting a defect to obtain unauthorised access; impersonating C&M Performance; serious or repeated threats, harassment or abusive conduct directed at C&M Performance personnel in connection with TOONA; or assisting another person to do any of these things.

Where serious fraudulent, abusive or prohibited activity is established, all privileges and entitlements associated with the offending account may be permanently forfeited, including the base licence, activated devices, credits, Custom Operating Systems, paid feature entitlements, updates, online services and support.

Where access is permanently terminated because of the user's fraudulent, abusive or prohibited conduct, amounts previously paid will not be refunded, credited or transferred solely as a consequence of that termination, to the maximum extent permitted by law.

A terminated user must not evade termination by creating another account, using another identity, purchasing through another person or otherwise regaining access without written authorisation. Any account or entitlement obtained to circumvent a valid termination may also be terminated.

23. Suspension and Termination for Other Breaches

We may suspend access where reasonably necessary because of suspected account compromise, a material breach of these Terms, a significant security risk, a cancelled or reversed payment, activity requiring investigation or another circumstance where temporary suspension is reasonably necessary to protect users, C&M Performance or our systems.

Where the issue is not fraudulent or seriously abusive and it is appropriate and reasonably practicable, we may provide an opportunity to resolve the issue. Nothing in this section limits rights or remedies available under applicable law.

24. Disclaimer of Vehicle Outcomes

Vehicle performance depends on matters outside our control, including mechanical condition, fuel quality, modifications, sensors, wiring, calibration, workmanship and operating conditions. We do not guarantee that TOONA will increase power, improve economy, eliminate faults, achieve a particular result, make a parts combination operate correctly, make a modified vehicle road legal or prevent mechanical failure.

25. Limitation of Liability

Nothing in these Terms excludes or limits liability where liability cannot lawfully be excluded or limited.

To the maximum extent permitted by law, C&M Performance is not responsible for loss or damage to the extent it results from an unsafe or unsuitable calibration selected by the user; incorrect installation or wiring; unsupported or incompatible hardware or software; failure to maintain stable power during programming; interruption by the user or third-party equipment; unauthorised modification of TOONA; use contrary to warnings or documentation; mechanical defects existing independently of TOONA; or unlawful use.

26. Third-Party Vehicles and Customer Work

If you use TOONA on a vehicle owned by another person, including as part of a tuning, mechanical or automotive business, you are responsible for ensuring that you have the owner's authority to access, modify or program that vehicle and for your own dealings with that customer.

C&M Performance is not a party to the agreement between you and your customer merely because TOONA was used to perform work.

27. Privacy

Use of TOONA may involve processing information required to operate your account and services, including account information, licence information, device information and purchase records. C&M Performance may use reasonable technical information for activation, registration, security, fraud prevention and abuse prevention.

A separate Privacy Policy may provide further detail about collection, use, storage and disclosure of personal information.

28. Feedback, Diagnostic Files and Support Information

If you provide bug reports, diagnostic logs, support files, calibration files, screenshots, suggestions or other feedback, you permit us to use that material to investigate problems, reproduce faults, provide support, improve TOONA and improve ECU or operating-system support. You retain ownership of material you own.

29. Changes to These Terms

We may update these Terms where reasonably necessary to reflect changes to TOONA, functionality, licensing arrangements, applicable law, security requirements or business operations. The current version will be made available through the TOONA website or portal.

If a change materially affects an existing customer's rights or obligations, we will take reasonable steps to provide notice before the change takes effect where practicable. Changes will not retrospectively remove statutory rights.

30. Severability

If a provision is found invalid, unlawful or unenforceable, it will be interpreted or limited to the extent necessary to make it enforceable where possible. The remaining provisions continue to apply.

31. No Waiver

If we do not immediately enforce a provision of these Terms, that does not mean we waive the right to enforce it later.

32. Entire Agreement

These Terms, together with applicable purchase terms, licence descriptions and any Privacy Policy, form the agreement governing your use of TOONA. Specific written terms for a particular product or entitlement apply to the extent of any conflict with these general Terms.

33. Governing Law

These Terms are governed by the laws of Victoria, Australia, subject to any laws that apply regardless of this provision. The parties submit to courts having jurisdiction in Victoria without limiting any right a consumer may have to bring a claim elsewhere where applicable law permits.