TERMS OF SERVICE

RACE Insight – Terms and Conditions

Effective Date: December 26, 2025

Last Updated: December 26, 2025

Version: 1.0

1. AGREEMENT OVERVIEW

This Terms of Service ("Agreement" or "Terms") is entered into between APEX Race Technologies ("Company," "We," "Us") and you ("User," "You") regarding your use of the RACE Insight software, website, and related services.

By accessing, downloading, using, or purchasing RACE Insight, you agree to be bound by all terms in this Agreement. If you do not agree to any part, do not use RACE Insight.

2. RELATIONSHIP BETWEEN DOCUMENTS

RACE Insight is governed by three documents:

1. This Terms of Service - Covers accounts, payments, billing, refunds, disputes
2. EULA (https://www.apexracetech.com/eula) - Covers software license and usage rights
3. Privacy Policy (https://www.apexracetech.com/privacy) - Covers data collection and privacy

If there is a conflict: Privacy Policy takes priority over EULA, which takes priority over Terms of Service (privacy rights take priority overall).

3. ACCOUNT AND REGISTRATION

3.1 Creating an Account

To use RACE Insight (production version), you must:

• Have a Google account
• Sign in via Google Sign-In (Firebase)
• Provide a valid email address
• Accept this Terms of Service and Privacy Policy

Note: Account creation is free. Payment is only required if you purchase a paid license or subscription.

3.2 Your Account Responsibility

You are responsible for:

• Keeping your Google password secure (we do not store your password)
• Protecting your email and account credentials
• Notifying us immediately if your account is compromised
• All activity under your account (we assume it is you unless proven otherwise)

3.3 Account Eligibility

You must be:

• At least 18 years old (or have parental consent)
• Located in a country where RACE Insight is legally available
• Not prohibited by law from using the service
• Not a direct competitor of APEX Race Technologies

3.4 Account Termination

We can terminate your account if you violate this Agreement or EULA, violate applicable laws, reverse engineer or hack RACE Insight, share your account with unauthorized users, or engage in fraudulent payment activity.

You can terminate your account anytime by contacting info@apexracetech.in with subject "Account Deletion Request". Your local data will remain on your device until you delete it.

4. BETA PHASE TERMS

4.1 Current Status (December 2025)

RACE Insight is currently in FREE BETA:

• Completely free to use
• All features available
• Limited support on best-effort basis
• May contain bugs or stability issues
• Features may change without notice
• Beta ends: June 30, 2026

4.2 Beta User Agreement

By using the beta, you acknowledge:

• The software may have bugs, errors, or crashes
• Data formats may change between versions
• Features may be added, removed, or modified
• Performance may be unpredictable
• Support is not guaranteed
• We may collect analytics data (see Privacy Policy)

4.3 Transition to Paid (June 30, 2026)

When the beta phase ends:

• Pricing will be announced 30 or more days in advance
• You can choose to purchase a paid license/subscription, continue with an older free version, or stop using RACE Insight
• Your local project files will remain on your device
• Beta users may receive special pricing (details to be announced)

4.4 No Hard Cutoff

• The app will not automatically stop working on June 30, 2026
• We will provide clear notice and options before making any changes
• You will not lose access to your files

5. PRICING AND PAYMENT (Future - Not Yet Implemented)

5.1 Current Status

RACE Insight is currently FREE during beta. The following pricing terms will apply after beta ends (July 1, 2026 or later).

5.3 Pricing Changes

We reserve the right to change pricing:

• For existing customers: Current pricing honored for at least 12 months
• For new customers: New pricing applies immediately
• Notice: We will email you 30 days before any price increase
• Right to cancel: You can cancel before price takes effect

5.4 Taxes and Fees

Your total cost includes:

• License/subscription fee
• Applicable taxes (GST in India, VAT in EU, etc.)
• Payment processor fees (if any)

You are responsible for paying all taxes and fees and complying with local tax laws.

6. PAYMENT PROCESSING AND METHODS

6.1 Payment Processor

When you purchase RACE Insight, we will use a third-party payment processor:

• We do not store your credit card information
• Processor stores encrypted payment data
• You agree to their privacy and terms
• Processor handles billing, refunds, chargebacks

6.2 Payment Methods

We will accept:

• Credit/debit cards (Visa, Mastercard, etc.)
• PayPal (if available)
• Apple Pay, Google Pay (if available)
• Bank transfers (for large orders, to be announced)
• Local payment methods (varies by country)

6.3 Billing Cycle

For subscriptions:

• Billing date: 1st of each month (approximately)
• Billing cycle: 30-31 days
• Invoice sent: Via email 2-3 days before charge
• Payment due: Automatically charged to your card

6.4 Payment Authorization

By purchasing RACE Insight, you authorize us to:

• Charge your payment method
• Store payment info securely (via processor)
• Charge recurring fees (for subscriptions)
• Update payment methods as needed

6.5 Failed Payments

If a payment fails:

1. We will attempt to charge again 3-5 days later
2. If it fails again, we will send an email notice
3. If payment is not received within 7 days, your account may be suspended
4. A late fee may apply (details to be announced)

7. REFUND AND CANCELLATION POLICY

7.1 Refund Policy (During Beta)

During FREE BETA: Not applicable (no payment).

7.2 Refund Policy (After Launch)

For Fixed License:

• 30-day money-back guarantee
• If you are not satisfied, request a refund within 30 days of purchase
• Full refund, no questions asked
• After 30 days, no refunds available
• No partial refunds (if you buy a 2-device license, no prorated refunds for 1 device)

For Monthly Subscriptions:

• 14-day money-back guarantee on first month only
• Request refund within 14 days of first charge
• Full refund, no questions asked
• Subsequent months covered by cancellation (see below)
• Cancel anytime for future months
• No cancellation fee
• No refund for current month (you have already used it)
• Access continues until end of billing period
• You will receive a refund if you cancel before your next charge

7.3 How to Request a Refund

Email: support@apexracetech.in
Subject: "Refund Request"

Include your email address, order/invoice number, reason for refund, and your payment method.

Response time: 5-10 business days

7.4 Refund Exclusions

No refunds if:

• You violate this Agreement or EULA
• We detect fraudulent activity
• You request refund more than 30 days after purchase (fixed) or more than 14 days (subscription first month)
• You breached our terms or laws
• You used the software to develop a competing product

8. SUBSCRIPTION MANAGEMENT

8.1 Updating Payment Method

You can update your payment method anytime:

1. Open RACE Insight
2. Go to Settings > Account > Billing
3. Update card/payment info
4. Click "Save"

Or email: support@apexracetech.in with your new payment details.

8.2 Canceling a Subscription

You can cancel your subscription anytime:

1. Go to Settings > Account > Billing > Cancel Subscription
2. Click "Confirm Cancellation"
3. You will receive a confirmation email

Or email: support@apexracetech.in with subject "Cancel Subscription"

What happens: Immediate cancellation, access continues until end of current billing period, no refund for current month, no cancellation fee.

8.3 Pausing a Subscription

Feature to be announced. We may offer the ability to pause (temporarily stop billing) without canceling.

8.4 Reactivating a Subscription

If you canceled, you can reactivate anytime:

1. Go to Settings > Account > Billing > Reactivate
2. Confirm new billing date
3. You will be charged at the next billing cycle

Or email: support@apexracetech.in

9. CHARGEBACKS AND DISPUTED CHARGES

9.1 Chargeback Process

If you dispute a charge, you have two options:

Option 1: Contact Us First (Recommended)

1. Email: support@apexracetech.in
2. Subject: "Disputed Charge"
3. Include invoice number and reason for dispute
4. We will review within 5 business days
5. If valid, we will issue a refund or credit

Option 2: Dispute with Your Bank

1. Contact your credit card issuer
2. Request a chargeback
3. We will be notified by the payment processor
4. We may respond with evidence
5. Your bank will make final decision

9.2 Chargeback Consequences

If we detect fraudulent chargebacks:

• We may suspend your account
• We may terminate future services
• We may seek payment for chargeback fees
• You may be banned from future purchases

Legitimate disputes are handled cooperatively.

10. FREE VS PAID FEATURES

10.1 Feature Availability (Post-Beta)

During BETA (Free):

• All features available free
• Full access to analysis tools
• Export in all formats (CSV, JSON, PDF)

After Launch (Details to be announced):

• Free tier or paid-only (details pending)
• Some features may be behind paywall
• Cloud sync may be premium
• AI Insights may be premium
• Priority support may be premium

Details will be announced 30 or more days before launch.

10.2 Free Trial (If Offered)

Details to be announced. We may offer a 14-30 day free trial of paid features.

11. ACCEPTABLE USE AND PROHIBITED CONDUCT

11.1 You Can Use RACE Insight For:

• Personal motorsports data analysis
• Team/group racing analysis
• Driver training and coaching
• Vehicle setup optimization
• Race event data review
• Exporting and sharing reports with your team
• Using exported data for any purpose (it is yours)

11.2 You Cannot Use RACE Insight For:

• Illegal purposes (no use in violation of any law)
• Hacking or reverse engineering (no decompiling, disassembling, or modifying the software)
• Unauthorized access (no attempting to bypass security)
• Sharing accounts (each user needs their own account)
• Sharing software (no distributing RACE Insight to others)
• Developing competing products (no using RACE Insight to build a similar tool)
• Malicious activity (no viruses, malware, DDoS attacks, or hacking)
• Fraud (no false payment info, chargebacks, or deception)
• Spamming (no spam, phishing, or mass feedback submissions)
• Harassment (no harassing support staff or other users)

11.3 Violations

If you violate these terms, we may:

• Suspend your account immediately
• Delete your account and local data (upon deletion request)
• Refund any payments (and recover costs)
• Report to authorities if illegal

12. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP

12.1 Our IP (Software)

RACE Insight software is owned by APEX Race Technologies:

• We own all code, designs, algorithms, patents, trademarks
• You receive only a limited license to use (not to own)
• All IP rights are reserved
• No IP transfer to you

See EULA Section 9 for detailed license terms.

12.2 Your Content (Data and Reports)

Your racing data and exported reports are owned by you:

• You own all project files you import
• You own all analyses you create
• You own all exported reports (CSV, JSON, PDF)
• You can use exported data for any purpose
• You can share, sell, or monetize exported data
• You can share exported reports with your team

Important: We do not own or claim rights to your data.

12.3 Feedback and Suggestions

If you provide feedback, bug reports, or product suggestions:

• You grant us a non-exclusive, royalty-free license to use that feedback
• We can implement your suggestions without compensation
• You keep ownership of the underlying idea
• We may publicly credit you (with permission)

12.4 User-Generated Content (Future)

If RACE Insight adds collaboration/sharing features:

• Details to be announced (who can see shared content?)
• Details to be announced (can we display shared analyses in gallery?)
• Details to be announced (do we get licenses to use your shared content?)

13. WARRANTY DISCLAIMERS

13.1 No Warranties

RACE INSIGHT IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties including:

• Merchantability (fitness for a particular purpose)
• Accuracy (data analysis accuracy or reliability)
• Non-infringement (that it does not infringe third-party IP)
• Availability (that it will be available 24/7/365)
• Performance (that it will meet your expectations)
• Support (that we will provide any support)

13.2 Accuracy Disclaimer

RACE Insight is an analysis tool, not a predictive system:

• We analyze historical data
• We do not predict race outcomes
• Analysis may contain errors
• Always verify analysis manually
• Do not rely on RACE Insight for critical decisions

13.3 Beta Status

During BETA, you acknowledge:

• Features may change without notice
• Data formats may change
• Performance may be unpredictable
• Bugs are expected and likely
• Support is not guaranteed

14. LIMITATION OF LIABILITY

14.1 No Liability For Damages

IN NO EVENT SHALL APEX RACE TECHNOLOGIES BE LIABLE FOR:

• Loss of data, files, or projects
• Lost profits or revenue
• Lost business opportunities
• Indirect, incidental, or consequential damages
• Damages from incorrect analysis or decisions
• Damages from third-party services (Firebase, PostHog, Mapbox)
• Damages from internet outages or server issues
• Damages from your misuse of the software
• Any other damages, even if we have been advised of them

14.2 Liability Cap

Our total liability shall not exceed:

• The amount you paid for RACE Insight in the past 12 months
• OR
• Zero dollars if you paid nothing

Example: If you paid 500 Indian Rupees for a subscription, max liability is 500 Indian Rupees. If you used free beta, max liability is zero dollars.

14.3 Your Responsibility

You assume all risk and responsibility for:

• How you use RACE Insight
• Decisions you make based on the software
• Backup and protection of your data
• Your use of exported data

15. INDEMNIFICATION

15.1 You Indemnify Us

You agree to defend, indemnify, and hold harmless APEX Race Technologies from:

• Claims from your use of RACE Insight
• Claims from your violation of this Agreement
• Claims from your violation of laws
• Claims from your content or exported data
• Claims from third parties based on your actions

You will pay our legal fees and damages resulting from such claims.

15.2 Exception

This does not apply if our own willful misconduct caused the claim.

16. THIRD-PARTY SERVICES

16.1 Third-Party Integrations

RACE Insight uses these third-party services:

16.2 Third-Party Terms

You agree to comply with each third party's terms of service, privacy policy, and acceptable use policy.

16.3 Third-Party Liability

We are not responsible for:

• Outages or service interruptions
• Data breaches at third parties
• Changes to their terms or pricing
• Their violations of your privacy
• Removal of their services

17. SERVICE AVAILABILITY AND MAINTENANCE

17.1 Availability

We strive to keep RACE Insight available, but we do not guarantee:

• We aim for more than 95% uptime
• No SLA (service level agreement) during beta
• No compensation for downtime

17.2 Maintenance and Updates

We may perform maintenance without notice:

• Updates to fix bugs or security issues
• Changes to features
• Database maintenance
• Server upgrades

We will try to minimize disruption, but availability is not guaranteed.

17.3 Planned Downtime

For major updates, we will try to announce 48 hours in advance, perform updates during low-traffic times (if possible), and minimize downtime (target: less than 1 hour).

18. PRIVACY AND DATA PROTECTION

See Privacy Policy (https://www.apexracetech.com/privacy) for details on what data we collect, how we use your data, how long we keep it, your data rights (access, deletion, portability), and GDPR/DPDP compliance.

19. DISPUTE RESOLUTION

19.1 Informal Resolution

If you have a dispute with RACE Insight:

1. Contact us at support@apexracetech.in
2. Describe the issue clearly
3. Propose a resolution
4. We will respond within 30 days
5. We will work with you to resolve it

19.2 Escalation

If informal resolution does not work:

1. Submit a formal complaint with detailed documentation
2. We will investigate within 30 days
3. We will provide written response with decision
4. You can request an appeal within 14 days

19.3 Legal Action

Jurisdiction: Any legal action will be governed by Indian law and filed in Chennai courts.

Binding Arbitration (Optional): For disputes, you may request binding arbitration instead of court. This is faster and lower cost than litigation, but the decision is final and binding. Details provided upon request.

19.4 Class Action Waiver

You agree that any dispute shall be brought in your individual capacity and not as a class action or representative action.

20. MODIFICATIONS TO TERMS

20.1 Changes to This Agreement

We may update this Terms of Service at any time. Changes will be posted at https://www.apexracetech.com/terms

20.2 Notice of Changes

For major changes (affecting refunds, payment, liability):

• We will email you 30 days in advance
• You can accept or reject new terms
• If you reject, you can delete your account by deadline

For minor changes (clarifications, links, typos):

• We will post a notice in-app
• Changes take effect immediately

20.3 Continued Use

Your continued use of RACE Insight after changes constitutes acceptance of the new terms.

21. TERMINATION

21.1 Termination by You

You can delete your account anytime:

• No cancellation fee
• No refund for current billing period
• Your local data remains on your device

How to delete: Go to Settings > Account > Delete Account, or email info@apexracetech.in with subject "Delete My Account"

21.2 Termination by Us

We can terminate your access if you violate this Agreement or EULA, violate applicable laws, engage in fraudulent activity, payment fails and is not corrected within 7 days, or share your account with unauthorized users.

Notice: We will email you before termination (except for fraud/illegal activity).

21.3 Effect of Termination

Upon termination:

• Your license to use RACE Insight is immediately revoked
• You must delete all copies of the software
• Your local data remains on your device (we do not delete it)
• Refund policy applies (see Section 7)
• No liability for any resulting damages

22. SEVERABILITY

If any part of this Agreement is found invalid or unenforceable:

• The remaining parts remain in full force
• We will replace the invalid part with an enforceable alternative
• Your rights and obligations continue

23. ENTIRE AGREEMENT

This Terms of Service, along with the EULA and Privacy Policy, constitutes the entire agreement between you and APEX Race Technologies regarding RACE Insight.

Previous agreements are superseded and have no effect.

24. CONTACT AND SUPPORT

For questions about these Terms:

Email: info@apexracetech.in
Address: Chennai, Tamil Nadu, India
Website: https://www.apexracetech.com/support

25. ACKNOWLEDGMENT

BY USING RACE INSIGHT OR PURCHASING A LICENSE/SUBSCRIPTION, YOU ACKNOWLEDGE THAT:

1. You have read and understood this Agreement
2. You agree to all terms
3. You understand there are no warranties
4. You accept the limitation of liability
5. You are responsible for your data
6. You agree to pay all charges
7. You understand the refund policy
8. You accept this is an agreement to do business

26. RELATED DOCUMENTS

• EULA: https://www.apexracetech.com/eula
• Privacy Policy: https://www.apexracetech.com/privacy
• Help & Documentation: https://www.apexracetech.com/help

© 2026 APEX Race Technologies. All rights reserved.

Last Updated: December 26, 2025

Version: 1.0

Note: These Terms of Service will take effect on July 1, 2026, when RACE Insight transitions from free beta to paid version. During the free beta phase, these terms are informational only.