# Terms of Service

The terms for invite-only early access to Apex Scout Racing. Using the Racing app means you accept them.

## Who these terms are between

These terms are between you and João Paulo Santos, trading as FunnySoft, as named in the business information at the foot of this page. If you use Racing for a team, you accept them for that team as well, and every reference to you includes the team.

## Early access

- Racing is in private early access. You can use it only with an invitation from us.
- Early access is free. Any design-partner terms are agreed separately in writing.
- We provide Racing as is and as available. Features can change, stop working or be removed.
- We can revoke your access at any time, with notice where we can give it.

## Your account

An account is for one person. Keep your password and two-factor codes to yourself, and tell us at once if you think someone else has used your account.

## Acceptable use

You agree not to:

- Access another user's workspace or data, or any part of our systems the app does not show you.
- Probe, scan or load-test Racing, or get around its rate limits or bot checks.
- Upload malware, or content you have no right to share.
- Use Racing or its output to build a competing product or to copy its models.
- Share or resell your access.

We can suspend an account that breaks these rules.

## AI output

A model generates each diagnosis from the evidence you select and the context you enter. Diagnoses are advisory. They can be incomplete or wrong, even when they cite evidence.

Engineering judgment and safety stay with you and your team. Check every hypothesis and test plan before you act on it, and never make a change that affects the safety of a car or driver on the strength of AI output alone.

## Your data and our software

- Your team's data stays yours: notes, context, comparisons, diagnoses and test plans. You let us process it only to run Racing for you, as the [Privacy Policy](https://apexscout.racing/privacy) describes.
- We own Racing: the software, the models, their weights and what we build from them.
- We do not train a shared model on your team's data. Generic features we build enter the product for everyone. Team-specific know-how stays with the team.
- We may use feedback you send us without restriction or payment.

## Sub-processors

We use sub-processors to run Racing. OpenAI generates the AI analysis you request, in the United States, under the Standard Contractual Clauses in its data processing addendum. The [Privacy Policy](https://apexscout.racing/privacy#processors) lists every processor with its purpose, region and safeguard.

We tell invited users before we add a sub-processor that receives team content.

## Liability

Racing is free early access, so our liability is limited. Apart from the cases in the next paragraph, our total liability to you for all claims about Racing is capped at EUR 100.

The cap and every other limit in these terms do not apply to damage caused by our wilful misconduct or gross negligence, or to death or personal injury. Article 18 of Decree-Law 446/85 does not allow those to be excluded or limited.

We are not liable for decisions you or your team make on the strength of AI output.

## Ending access

- You can stop at any time and delete your account from the account page in the app.
- We can end early access for everyone, or for you, with notice where we can give it. We can end it at once if you break these terms.
- If we revoke your access, your account stays, so you can still ask for an export and delete it yourself.
- Ask for an export through the [contact page](https://apexscout.racing/contact) before you delete your account. Deletion removes your workspace content, as the [Privacy Policy](https://apexscout.racing/privacy#retention) describes.

## Changes to these terms

We may change these terms. We update the date at the top and tell invited users by email before a material change applies. If you keep using Racing after that, the new terms apply.

## Governing law and courts

Portuguese law governs these terms. The courts of the judicial district of Leiria, Portugal, decide any dispute about them.

If you use Racing as a consumer, you keep the protection that the mandatory law of your country gives you.

## Contact

Write to us through the [contact page](https://apexscout.racing/contact) or at hello@apexscout.app.