I very much got the sense chatting with BMW (at length) that any engine-related mod, including a tune, will pretty much void your warranty in the event that something goes seriously wrong (whether actually attributable to the mod or not).
In any event, I waited until the warranty expired as well before modding it.
Ti Silver | ZCP | DCT | H8 160s | AA filter | ESS Tune (240E) | Akra Evo | MS Spacers
R.I.P. 2008 E92 M3: SSII | Speed cloth | LCI | H8 160s | 6MT | EDC | MS Stage 2 Intake | MS Pulley | ESS Tune (240E) | Akra Evo | MS Spacers | OEM GTS Wheels