Terms of Service

1. Scope and provider

These Terms of Service ("Terms") govern your use of the Apex Racing platform, including the website at apexracing.cc, the p0 desktop client, and all related services (collectively, the "Service"). The Service is provided by Apex Racing, based in Austria ("we", "us", "our").

By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. If you are under 18, you confirm that you have obtained consent from a parent or legal guardian. By using the Service, you represent that you meet these requirements.

3. Account registration

To access the Service, you must create an account using a valid email address or a supported third-party authentication provider (e.g., Google, Discord). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4. Description of the Service

Apex Racing provides a telemetry analysis platform for racing simulators. The p0 desktop client captures telemetry data broadcast by supported games on your local machine and transmits it to our servers for storage, analysis, and display in your dashboard.

The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable.

5. User content and data

You retain ownership of any data you submit to the Service, including telemetry data, session recordings, and profile information ("User Content"). By using the Service, you grant us a limited, non-exclusive licence to store, process, and display your User Content solely for the purpose of providing and improving the Service.

You may request deletion of your account and associated data at any time by contacting us at [email protected]. We will process deletion requests in accordance with our Privacy Policy and applicable law.

6. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means to access the Service except through our published APIs
• Reverse-engineer, decompile, or disassemble any part of the Service (except where permitted by law)
• Use the Service to transmit malicious software or harmful content

We reserve the right to suspend or terminate accounts that violate these Terms.

7. Intellectual property

The Service, including its design, software, logos, and documentation, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service except as expressly permitted by these Terms or applicable law.

8. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. This disclaimer does not affect any statutory rights that cannot be excluded or limited under Austrian or EU consumer protection law.

9. Limitation of liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of the Service.

Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable law, including mandatory provisions of Austrian consumer protection law (Konsumentenschutzgesetz, KSchG).

10. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

11. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Austria, without regard to conflict of law provisions. For consumers residing in the EU, mandatory consumer protection provisions of your country of residence apply where they provide greater protection.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Austria. If you are a consumer within the meaning of EU law, you may also bring proceedings in the courts of your place of residence.

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Contact

If you have any questions about these Terms, please contact us at [email protected].