This Service Agreement (“Agreement”) is entered into between Opus IVS (“OPUS IVS”) and the party whose name and address are set forth below ("CUSTOMER"). This Agreement, together with any addendum and/or exhibit which is made a part thereof, constitutes the entire agreement between OPUS IVS and CUSTOMER regarding the use of the CarDAQ Pro and the delivery of the Service(s) which is to be performed by OPUS IVS as described in the Agreement and herein. The Agreement supersedes all prior understandings, agreements, and documentation by or between OPUS IVS and the CUSTOMER. Any changes to the Agreement shall be null and void unless same are set forth in writing and signed by OPUS IVS.
CarDAQ Pro Plus PACKAGE (DEVICE, CABLES, AND PLATFORM) - MSRP: $2995 each. (Plus applicable taxes)
OPUS IVS CARDAQPRO PACKAGE: Combines stand-alone J2534 Pass Thru functionality with access to IVSRAP Programming, IVS360 Diagnostic Repair Assistance, and IVSTrue OE Scan Reports in one expandable platform. Package includes Main Unit, Case, OBD II Cable, Ethernet Cable, USB Cable, and 110 Power Adapter Cable. CarDAQ-PRO includes the following applications:
- J2534 Pass-Thru - Functions as a stand-alone J2534 pass-thru device when connected to your PC with included USB Cable.
- IVSRAP - Remote Access Programming. A Pay Per Use remote programming service by Opus IVS that utilizes the integrated J2534 Pass Thru hardware paired with a remote specialist and OEM licensed programming software.
- IVS360 - Interactive vehicle repair support from OE trained technicians. Each billable session includes all necessary support to assist with troubleshooting a specific vehicle condition per VIN/RO within a 14 day period.
- IVSTrue-OE Scan- A Pay Per Use OE Scan Report Service completed by an Opus IVS remote specialist using licensed OE Diagnostic software.
IVS SUPPORT BUNDLE: $299/mo.
THE OPUS IVS SUPPORT BUNDLE INCLUDES 12 IVS360 SESSIONS PER MONTH AND ACCESS TO ALL CARDAQ PRO REMOTE SERVICES. THE IVS SUPPORT BUNDLE DOES NOT INCLUDE COSTS ASSOCIATED WITH REMOTE PROGRAMMING EVENTS. ALL IVSRAP REQUESTS WILL INCUUR ADDITIONAL CHARGES THAT ARE BILLED ON A PER EVENT BASIS. IVS360 SESSIONS OVER 12 CASES PER MONTH WILL INCUR AN ADDITIONAL CHARGE PER CASE.
Monthly billing of service fee will be setup to automatically charge a credit card on file. You must notify Opus IVS in writing if you wish to cancel support. A reconnection fee equal to one-month support subscription fee will be charged to reconnect in addition to the prevailing monthly support fee. Opus IVS reserves the right to restrict diagnostic support and/or charge additional costs for excessive use.
The Monthly Service Fee is $299. CUSTOMER will receive a $100 credit towards the first monthly service fee on this agreement. On subsequent months, if customer performs minimum two (2) flash programming events in the one (1) month prior to service fee, customer will receive a $100 credit towards their current month service fee. If customer performs four (4) or more flash programming events in the one (1) month prior to service fee, customer will receive an additional $50 credit towards their current month service fee.
The monthly service fee will be automatically be charged to the customer's credit card on file each month. Cancellation of the IVS Support Bundle requires a 30 days notice of cancellation.
Remote Service Terms
- CUSTOMER is responsible for ensuring the vehicle is safe to power up before a CarDAQ-PRO device is connected. Services provided thru the CarDAQ-PRO device are remote services, and because of that, the CUSTOMER must physically verify the vehicle is safe to turn on.
- CUSTOMER agrees to follow all instructions, both documented and verbal, as provided by the remote technician.
- CUSTOMER agrees to accept full responsibility for any charges. These charges are authorized either by verbal confirmation with remote technician or by on-screen option selected as approved.
- CUSTOMER understands that vehicle information, imagery from the front camera, phone call recordings, and repair data collected during a CarDAQ-PRO session will be used by Opus IVS for a variety of reasons, including building more efficient services. This data may be shared with affiliates, however in no event will vehicle owner data be shared.
- CUSTOMER agrees that they shall use reasonable efforts to avoid disclosure of Opus IVS’s confidential information associated with, but not limited to, the CarDAQ-PRO device and associated services, or any other information marked as confidential, to any third party.
IVSRAP Programming Service Guarantee
Opus IVS guarantees ECU flash programming success as long as the following conditions are met:
- Any ECU or electronically controlled replacement assembly or part that requires flash reprogramming. Not covered:
- Those that are not OEM new or OEM reconditioned will not be guaranteed.
- Those that are on a vehicle with performance parts, aftermarket tunes, or performance programming devices will not be guaranteed.
- The ECU being installed must be the correct part and in working condition. If the ECU being installed is determined to be defective or an incorrect part, OPUS IVS will not be responsible for its replacement cost as supplier warranties should still be in effect.
- Instructions conveyed by OPUS IVS to the CUSTOMER that are not followed will void the warranty.
- For example, if the CUSTOMER did not connect the battery maintainer as required and OPUS IVS finds out that the CUSTOMER did not follow these instructions, the service will no longer be guaranteed.
- There must be no other problems with the vehicle that may affect the reprogramming. For example, if OPUS IVS decides to send the vehicle to a dealership to be repaired and the dealership determines that the ECU cannot be programmed until another problem with the vehicle is rectified (such as a faulty ground connection, corroded wiring harness, aftermarket accessory that is interfering, etc.), then the CUSTOMER will be responsible for the cost to rectify that problem.
- For example: if the vehicle is towed to a dealership or a 3rd party technician is hired and the vehicle is diagnosed at the expense of OPUS IVS and the problem is determined to be entirely caused by an existing problem with the vehicle, OPUS IVS will invoice the shop for all such expenses.
- Guarantee does NOT apply to salvage, rebuilt, flood, or total loss vehicles.
- If an ECU programming failure occurs, OPUS IVS may ship additional tools to the CUSTOMER for assistance in the recovery of that ECU. The CUSTOMER is responsible for the tool(s) and their timely return. If they are kept at the shop for more than days after a recovery attempt is complete, a recover tool fee of up to $25/day may occur. Failure to return the tool(s) will result in a charge of the entire value of the tool(s). In the event of a flash programming failure, OPUS IVS may use any means available and, at its options, to repair the vehicle. OPUS IVS may pay to have the vehicle towed to a dealership, ship the CUSTOMER an OEM new or OEM reconditioned ECU, ship a factory tool, send a mobile technician onsite, or resolve the issue in any other way deemed necessary. OPUS IVS will work to resolve the issue as quickly as reasonably possible while using the same practices that the shop typically would have used if it had encountered the same problem.
Hardware Warranty and Repair
The CarDAQ-PRO device is warranted to be free from defects in materials or workmanship for 1 year from date of purchase. Cables come with a 90 day warranty. Within this period, Opus IVS will, at it's sole discretion, repair or replace any components that fail under normal use. Such repairs or replacements will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This warranty does not apply to:
- Cosmetic damage, such as scratches, nicks and dents.
- Damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes.
- Damage caused by service performed by anyone who is not an authorized service provider of Opus IVS.
- Damage to a product that has been connected to power and/or data cables that are not supplied by Opus IVS.
To obtain warranty service, contact OpusIVS Support at (877) 888-2534 (option 4) for shipping instructions and a RMA number.
Payment Methods
After submitting this agreement you will be prompted to enter your payment method through a secure portal. Opus IVS accepts payments via credit card, debit card, or our preferred method of E-Check/ACH. Using credit card or debit card will result in a convenience fee that is tiered based on transaction amount as follows:
- A convenience fee of $0.50 per transaction on orders of less than $20
- A convenience fee of $1.95 per transaction on orders from $20 up to $99.99
- A convenience fee of $4.95 per transaction on orders from $100 up to $249.99
- A convenience fee of $9.95 per transaction on orders from $250 up to $499.99
- A convenience fee of $14.95 per transaction on orders of $500 and over
Returns
30 days from date of delivery or a 20% restocking fee.
Additional Terms and Conditions
Customers will waive the right to dispute any billed amount if the billing dispute is not submitted to OPUS in writing within 90 days from the billing date. OPUS will review the billing dispute and a written response with final decision together with any corrective measure will be provided to Customer within 30 days from the receipt of the billing dispute.
Limitation of Liability
CUSTOMER understands that the Services provided by Opus IVS shall be rendered remotely by and through the internet. Servicing vehicles remotely has limitations that are outside the control of Opus IVS and it’s employees. Information gathered through the CarDAQ-PRO device is done so remotely, and therefore Opus IVS and its employees cannot be responsible for omission or errors caused by the information provided, or not provided, by the CUSTOMER. Opus IVS and its employees are not responsible for any intentional or unintentional misuse of the CarDAQ-PRO device, or data provided by the end user. Opus IVS will not be liable, and CUSTOMER agrees to hold Opus IVS harmless, where it is determined that the CUSTOMER either did not follow Opus IVS recommendations, and/or did not follow OEM recommended procedures, or through the willful misconduct or negligence of the CUSTOMER. Opus IVS is not responsible for any changes made to the vehicle after the CarDAQ-PRO device is disconnected. Shops are responsible for complying with all local and state regulations.