Terms of Service

Introduction

Welcome to ApexIQ ("the Application"), a desktop application that provides AI-powered sim racing telemetry analysis and coaching tools. By downloading, installing, or using ApexIQ, you agree to be bound by these Terms of Service ("Terms").

ApexIQ is developed and operated by Özgür Mustafa Divarcı ("we", "us", "our"). These Terms govern your access to and use of the Application, including all related services, features, and content.

If you do not agree to these Terms, do not install or use the Application.

Eligibility

You must be at least 13 years of age to use ApexIQ. If you are between 13 and 18 years of age (or the legal age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Application.

You must have a valid iRacing account and a properly installed copy of iRacing to use the core telemetry features of ApexIQ.

Access to the Application is invitation-based. You may only register using a valid invite code provided by us or an authorized representative.

Accounts

Registration

To use ApexIQ, you must create an account by providing a username, a valid email address, a password, and a valid invitation code. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Verification

You must verify your email address to activate your account. Unverified accounts cannot access the Application.

Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

One Account Per Person

Each individual may maintain only one ApexIQ account. Creating multiple accounts without authorization may result in termination of all associated accounts.

Acceptable Use

When using ApexIQ, you agree not to:

• Use the Application in any way that violates applicable laws or regulations.
• Submit fabricated, manipulated, or falsified telemetry or lap data to the leaderboard.
• Attempt to reverse-engineer, decompile, or disassemble any part of the Application.
• Use the Application to distribute malware, spam, or other harmful content.
• Harass, abuse, or harm other users through community features.
• Use automated scripts, bots, or scrapers to access or interact with the Application.
• Circumvent any rate limits, quotas, or access restrictions imposed by the Application.
• Exploit bugs or vulnerabilities to gain unauthorized access or advantages.
• Upload content that infringes on the intellectual property or privacy rights of others.
• Use the AI Coach feature to generate content that violates these Terms.

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion.

AI Disclaimer

ApexIQ includes an AI-powered coaching feature ("AI Coach") that analyzes your telemetry data and provides performance feedback. The AI Coach is an informational tool only. It does not guarantee improved racing performance, and its outputs may contain inaccuracies or errors.

You acknowledge that:

• AI-generated analysis is provided "as-is" and for informational purposes only.
• You are solely responsible for any decisions or actions you take based on AI Coach outputs.
• We make no warranties regarding the accuracy, completeness, or usefulness of AI-generated content.

Please also refer to our separate AI Disclaimer for full details.

Data Usage Reference

By using ApexIQ, you acknowledge that we collect and process certain data as described in our Privacy Policy.

In summary:

• Telemetry and lap data is recorded locally on your device and encrypted. You control whether to share your lap data with other users.
• Leaderboard participation automatically submits your lap time, track, car, and a validation fingerprint to our server for ranking purposes.
• AI Coach analysis sends aggregated telemetry statistics (not raw data) to our servers and to third-party AI providers for processing.
• Account data (username, email, password hash, profile information) is stored on our servers to enable authentication and community features.

For a simple overview of how your lap data is used and shared, see our Data Usage Summary.

Service Availability

ApexIQ is provided on an "as-is" and "as-available" basis. We do not guarantee that the Application will be available at all times, error-free, or uninterrupted.

We may:

• Modify, suspend, or discontinue any feature or service at any time without prior notice.
• Release updates, patches, or new versions that may change or remove functionality.
• Impose and adjust rate limits and quotas on certain features (such as AI Coach usage) at our discretion.

We are not liable for any loss or damage resulting from service interruptions, modifications, or discontinuations.

Beta Features

Some features of ApexIQ may be in beta or experimental stage. These features may be incomplete, unstable, or subject to change without notice.

Limitation of Liability

To the maximum extent permitted by applicable law:

• ApexIQ, its developers, and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Application, including but not limited to loss of data, loss of racing performance, loss of revenue, or personal injury.
• Our total liability for any claim arising from these Terms or your use of the Application shall not exceed the amount you have paid us (if any) in the twelve months preceding the claim.
• The Application is not a safety device. It does not replace driver judgment, track awareness, or safe driving practices. You remain fully responsible for your actions while operating a vehicle, whether real or simulated.
• We explicitly disclaim all warranties, whether express or implied, including fitness for a particular purpose.

Subscriptions & Payments

Subscription Plans

ApexIQ may offer paid subscription plans that provide access to premium features, including but not limited to advanced AI analysis, extended usage limits, and additional tools. Subscription details, pricing, and included features are displayed within the Application.

Billing

Subscriptions are billed on a recurring basis (monthly or yearly, depending on the selected plan). All subscriptions renew automatically at the end of each billing period unless canceled. By purchasing a subscription, you authorize us (or our payment provider) to charge your selected payment method on a recurring basis until you cancel.

Cancellation

You may cancel your subscription at any time through the Application settings or the platform used for purchase.

• Cancellation takes effect at the end of the current billing period.
• You will continue to have access to premium features until the billing period ends.

Refunds

Refunds are not guaranteed and are handled on a case-by-case basis. Refunds may be granted if the service was not provided properly (for example, prolonged system outages or inability to access paid features). This does not affect your statutory rights under applicable consumer protection laws.

Price Changes

We reserve the right to change subscription pricing at any time. If pricing changes, you will be notified in advance and changes will apply from the next billing cycle.

Free Trials

We offer a 14-day free trial for new subscribers. At the end of the trial period, your subscription will automatically convert to a paid plan unless canceled and your payment method will be charged accordingly.

Payment Providers

Payments are processed through Paddle. We do not store full payment details (such as credit card numbers) on our servers. Payment data is handled securely by Paddle in accordance with their security standards.

Termination

By You

You may stop using ApexIQ and request deletion of your account and associated data at any time by contacting us. Please refer to our Privacy Policy for details on data deletion.

By Us

We may suspend or terminate your access to the Application at any time, with or without cause and with or without notice, including for violation of these Terms.

Upon termination:

• Your right to access and use the Application ceases immediately.
• Your account data may be retained for a reasonable period as described in our Privacy Policy.
• Certain data (such as leaderboard entries and anonymous statistics) may be retained even after account deletion to maintain the integrity of the service.

Intellectual Property

Application Ownership

ApexIQ, including its name, logo, source code, design, user interface, and documentation, is the exclusive intellectual property of Özgür Mustafa Divarcı and its licensors. These Terms do not grant you any ownership rights in the Application. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Application in accordance with these Terms.

User-Generated Content

You retain ownership of the telemetry data, lap recordings, and other content you generate through the Application. By sharing content publicly (such as leaderboard submissions or publicly shared laps), you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content within the Application's services for the purpose of providing those services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict of law principles.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Türkiye.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this document and notify you through the Application or via email.

Your continued use of ApexIQ after any changes to these Terms constitutes your acceptance of the revised Terms.

Contact

If you have any questions about these Terms, please contact us at: