Terms of service

ESSE WERKS TERMS OF SERVICE

Effective date: May 16, 2026

These Terms of Service ("Terms") govern your use of the Esse Werks website (essewerks.com) and any products or services purchased from Esse Werks. By using the site or placing an order, you agree to these Terms.

1. ABOUT ESSE WERKS

Esse Werks is a BMW and MINI specialty tuning shop located at 3090 NW 2nd Ave, Boca Raton, FL 33431. We provide custom ECU calibration services for the bootmod3 (BM3) platform, sell proprietary and partner-sourced performance hardware, and offer engineering services including engine swaps and custom builds. Esse Werks is a private business and is not affiliated with, endorsed by, or sponsored by BMW AG or MINI USA.

2. ACCEPTANCE OF TERMS

By placing an order, creating an account, or otherwise using essewerks.com, you confirm that you are at least 18 years of age and have the legal authority to enter into this agreement. If you are using the site on behalf of an organization, you confirm you have the authority to bind that organization to these Terms.

3. ACCOUNTS

Some features (saved configurations, order history, build records) require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@essewerks.com if you suspect unauthorized access.

4. ORDERS AND PAYMENT

All orders are subject to acceptance by Esse Werks. We reserve the right to refuse or cancel any order at our discretion, including for reasons of pricing error, inventory shortage, suspected fraud, or vehicle compatibility concerns. Payment is due in full at the time of order placement. All prices are in US Dollars unless otherwise noted. We reserve the right to change prices at any time without notice.

5. PRODUCTS AND SERVICES — OFF-ROAD USE DISCLAIMER

Custom ECU calibrations and certain performance products sold by Esse Werks are intended for off-road and competition use only. Use of these products may:

- Violate state and federal emissions regulations, including the Clean Air Act
- Void the manufacturer's powertrain warranty
- Affect the vehicle's compliance with motor vehicle safety standards

You acknowledge that you are responsible for understanding and complying with the laws of your jurisdiction. By purchasing a tune or modification, you accept full responsibility for the consequences of installing it on your vehicle. Esse Werks does not warrant that any product or calibration is legal for highway use in your state, county, or municipality.

6. CUSTOM CALIBRATIONS

Custom calibrations are digital licensed files keyed to a specific vehicle VIN. Once a calibration has been delivered, the calibration license is permanent and non-transferable. The license entitles you to:

- Use the calibration on the specific VIN it was created for
- Request revisions during the initial calibration window as defined in your service order
- Apply for the Tune Revision Program in the future, subject to separate terms

The license does NOT entitle you to:

- Resell, redistribute, or share the calibration file with third parties
- Use the calibration on a different vehicle without a new license
- Reverse-engineer the calibration

Unauthorized distribution of calibration files is grounds for license revocation without refund.

7. WARRANTY DISCLAIMER

Except as expressly stated in writing for specific products, all goods and services are provided "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement. Esse Werks does not guarantee specific performance outcomes (horsepower, torque, mileage, lap times) on your vehicle, as outcomes depend on hardware condition, fuel quality, climate, installation accuracy, and other factors outside our control.

Proprietary hardware (including Phantom S1/S2 turbochargers and DR06 forged wheels) carries a limited warranty as documented with each product.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Esse Werks, its founders, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to engine damage, transmission damage, drivetrain damage, lost profits, lost data, vehicle downtime, or personal injury — arising from the use of our products or services. Our total liability for any claim shall not exceed the amount you paid for the specific product or service that is the subject of the claim.

This limitation applies regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Esse Werks has been advised of the possibility of such damages.

9. INTELLECTUAL PROPERTY

All content on essewerks.com — including text, images, calibration methodology, product designs, the Esse Werks brand, and the Phantom S1/S2 designs — is the property of Esse Werks and its licensors. You may not copy, reproduce, redistribute, or use this content for commercial purposes without written permission.

The Esse Werks word mark and brandmark are trademarks of Esse Werks. "Phantom S1" and "Phantom S2" are trademarks of Esse Werks.

10. USER CONDUCT

You agree not to:

- Use the site for any unlawful purpose
- Attempt to gain unauthorized access to any portion of the site, our systems, or our calibration files
- Interfere with the operation of the site or its security features
- Submit false, inaccurate, or misleading information (including false VINs)
- Use the site to harass, abuse, or harm another person
- Scrape, mine, or harvest content from the site for commercial purposes

11. INDEMNIFICATION

You agree to indemnify and hold Esse Werks harmless from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of our products, your violation of these Terms, or your violation of any law or third-party right.

12. MODIFICATIONS

Esse Werks may modify these Terms at any time. Material changes will be communicated to active customers via email. Continued use of the site after modifications constitutes acceptance of the updated Terms. The most recent version is always posted at essewerks.com.

13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Palm Beach County, Florida. You consent to the personal jurisdiction of those courts.

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full effect.

15. CONTACT

Esse Werks
3090 NW 2nd Ave
Boca Raton, FL 33431
support@essewerks.com
(754) 444-0722