I don't think "right to service" includes the right to alter vehicle calibration files that affect safety or emissions. What it does include is the right for a service provider other than a franchised dealer to access the systems and information for diagnostics and repair. While vehicle manufacturers try to protect their interests in vehicle servicing, and those of their dealers, by making it difficult for the average person to work on their products, they supposedly can't lock out independents from access.
If you were a manufacturer and were accountable for the safety and emissions compliance and warranty of the vehicles you produce, you might tend to be a little hesitant to let any Tom, Dick, or Harry play around with this critical programming. Anyone hawking a tuning device that can be used to alter this stuff is pretty much FOS if they try to justify selling that device under "right to service". Tell the truth, it's more like "right to make illegal changes", and that right does not exist. An aftermarket scan tool for diagnostics falls under "right to service", but a flash or piggyback tuning device does not. So which is it, is Maximus just a scan tool that outputs to your smart phone, or is it a flash tuning device?
Jerry