Tie-breaker: Dinan warranty.
Dinan picks up where BMW would drop you for damage caused by an existing Dinan tune. Same 48 mo/50K miles. If Dinan gives you this same warranty for the experimentation they do with your car (assume leaving the gold-master version in the car), then I think you're safe as a test mule. No warranty: no deal.
(BMW cannot 'void' their new-car warranty. They can only deny claims for damage caused by unauthorized mods. And the Dinan warranty has nothing to do with Dinan/BMW relationship. I had Dinan tune in E93 335i and was very comfortable with it. While never an experimental subject, Dinan had some trouble with the tune and I ended up twice getting updates through the vendor I worked with. The N54 has so much headroom in boost that it is very tunable.)
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