Terms of Service

These terms are an agreement between you and the ApexTrace AI team (“ApexTrace AI”, “we”, “us”) for your use of the ApexTrace AI website and app (the “Service”). By creating an account, buying a plan or using the Service, you agree to these terms, our Privacy Policy and our Refund Policy. If you don’t agree, please don’t use the Service.

1. What ApexTrace AI is, and isn’t

ApexTrace AI reads a track map, simulates a theoretical lap for the kart and driver details you give it, and compares that lap with laps you upload. The racing line, braking points, lap times, coaching, kart scores and Race Night results are estimates from a physics model and AI. They can be wrong, particularly if the map, track length, kart details or your details are wrong, and real tracks, tyres, weather and karts all differ from any model. AI-generated text (such as track research and coaching notes) may contain mistakes. Check anything important yourself.

Karting is dangerous. Nothing in the Service is safety advice, professional coaching or an instruction to drive in any particular way. Always follow the track’s rules, briefings and marshals, wear the right safety equipment, drive within your ability and the conditions, and never use the app while driving. You take part in karting at your own risk.

2. Who can use it

• You must be at least 13 years old to create an account.
• If you are under 18 (or under the age of majority where you live), a parent or guardian must agree to these terms for you, and must be the one who buys any paid plan. A parent or guardian may also create and run an account on a younger driver’s behalf.
• Give us accurate information, keep your password secret, and tell us straight away if you think someone else has used your account.
• An account is for one person. Don’t share it or sell it.

3. Plans and payment

• The Free plan costs nothing. Paid plans (Plus and Pro) are subscriptions, billed monthly or yearly, at the price shown when you subscribe.
• Payments are taken by our payment provider, Stripe. Prices are shown in US dollars. Your bank may charge currency conversion fees, and taxes are added where the law requires.
• Subscriptions renew automatically at the end of each billing period and you’re charged the then-current price, until you cancel.
• Your paid features start as soon as your payment goes through.
• If a payment fails, we and Stripe will retry it for a short period. If it still fails, your account moves to the Free plan. Your saved tracks are kept, but features and track limits of the Free plan apply.
• We may change prices. We’ll tell you at least 30 days before a new price applies to your subscription, and you can cancel before it does.
• Promotional codes and offers have their own conditions, shown with the offer.

4. Cancelling and refunds

You can cancel any time from Manage billing in your account menu. Cancelling stops the next renewal: you keep your paid features until the end of the period you’ve paid for, then move to the Free plan. Refunds are covered in our Refund Policy, which includes a 14-day money-back guarantee on your first payment. Nothing in these terms takes away any rights you have under consumer law where you live.

5. Your content

You own what you upload: track maps, kart details, lap files, lap times and anything else (“your content”). You give us a limited licence to store, copy, process and display your content only to run, secure and improve the Service for you, including sending it to the service providers named in our Privacy Policy. This licence ends when you delete the content or your account, apart from copies in backups that expire on their normal schedule.

Only upload maps, files and information you have the right to use. If you enter other people’s details (for example names, weights and lap times in Race Night), you’re responsible for having their permission.

6. Acceptable use

Don’t:

• break the law, or upload anything unlawful, harmful, or that infringes someone else’s rights;
• try to get around plan limits or payment, access other people’s accounts or data, or test, probe or attack the Service’s security;
• overload the Service, scrape it, or use bots or automated tools to access it, apart from normal browser use;
• copy, resell, reverse-engineer or build a competing product from the Service or its results;
• use the Service to harass anyone, or pretend to be someone else.

7. Our rights

The Service, including its software, physics engine, design, text and brand, belongs to us or our licensors. These terms don’t give you any rights to it other than to use the Service as described. If you send us ideas or feedback, we may use them without owing you anything. Track outlines on the website come from OpenStreetMap contributors under the Open Database Licence.

8. Changes to the Service

We’re always improving ApexTrace AI, so features may change. We don’t promise the Service will always be available or free of errors, and we may need to pause it for maintenance. If we remove a major paid feature you rely on, you can cancel and we’ll refund the unused part of your current period.

9. Ending your account

You can delete your account at any time from the account menu; this permanently deletes your saved data. Cancel any paid plan first so you aren’t charged again. We may suspend or close an account that seriously or repeatedly breaks these terms, or where the law requires. If we close your account without you having broken these terms, we’ll refund the unused part of your current period.

10. Our responsibility to you

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we aren’t responsible for: decisions you make, or how you drive, based on the Service; lap times, results or race outcomes; injury, damage or loss arising from karting or any other activity; loss caused by events outside our reasonable control; or indirect or consequential loss, such as lost profits or opportunities.

To the fullest extent the law allows, our total liability to you for anything relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or US$50.

Nothing in these terms limits or excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t allow us to limit, and nothing affects your statutory rights as a consumer.

11. The law that applies

These terms are governed by the laws of the United Arab Emirates, and disputes go to its courts. If you’re a consumer living elsewhere (for example in the UK or the European Union), you keep the protection of the mandatory consumer laws of where you live and can bring a claim in your local courts. Before going to court, please contact us so we can try to put things right.

12. Changes to these terms

We may update these terms. If a change matters, we’ll tell you in the app or by email at least 14 days before it takes effect. If you don’t agree to the change, you can cancel and delete your account before then. Continuing to use the Service after a change means you accept it.

13. Everything else

These terms, with the Privacy Policy and Refund Policy, are the whole agreement between us about the Service. If a court finds part of them unenforceable, the rest still applies. If we don’t enforce a right straight away, we can still enforce it later. You can’t transfer your rights under these terms to anyone else; we may transfer ours to a business that takes over the Service, and your rights won’t be reduced.

Contact: aryanguptafirm@gmail.com.