Terms of Use (EULA) – Kart Setup ELITE

https://www.apple.com/legal/internet-services/itunes/dev/stdeula

Effective Date: November 7, 2025

Last Updated: November 7, 2025

1. Acceptance of Terms

By downloading, installing, or using the Kart Setup Elite mobile application (“App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App.

2. Description of Service

Kart Setup Elite is a mobile application designed to help kart racing enthusiasts track, manage, and optimize their kart setups, lap times, and racing sessions. The App provides features including:

Driver and session management
Setup tracking and organization
Lap time recording and analysis
Weather condition tracking
AI-powered setup suggestions and assistance
Data import/export capabilities
Photo attachments for sessions
Customizable field preferences

3. Eligibility

You must be at least 13 years of age to use this App. If you are under 18, you must have permission from a parent or legal guardian to use the App. By using the App, you represent and warrant that you meet these requirements.

4. User Accounts and Data

4.1 Local Storage

All data entered into the App is stored locally on your device. We do not collect, store, or transmit your racing data, setups, or personal information to external servers.

4.2 Data Backup

You are solely responsible for backing up your data. We recommend regularly exporting your data using the App’s export features.

4.3 Data Security

While we implement security measures to protect locally stored data, you acknowledge that no method of electronic storage is 100% secure.

5. Subscription and In-App Purchases

5.1 Premium Features

Certain features of the App may require a paid subscription or one-time purchase (“Premium Features”), including but not limited to:

AI Assistant functionality
Advanced analytics
Unlimited data storage
Additional export formats

5.2 Billing

All purchases are processed through the Google Play Store
Prices are displayed in your local currency
Payment will be charged to your Google Play account
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
You may manage subscriptions and turn off auto-renewal in your Google Play account settings

5.3 Refunds

Refund requests are subject to Google Play Store policies. Please contact Google Play support for refund inquiries.

6. AI Assistant Feature

6.1 AI-Powered Suggestions

The AI Assistant feature provides setup recommendations and analysis based on your data. These suggestions are:

Generated using artificial intelligence technology
Provided for informational and educational purposes only
Not professional racing advice or guarantees of performance improvement
Based on patterns and data analysis, not human expertise

6.2 No Warranties

We make no warranties regarding the accuracy, completeness, or reliability of AI-generated suggestions. You use AI recommendations at your own risk.

6.3 Third-Party AI Services

The AI Assistant may utilize third-party AI services (such as OpenAI). Your use of AI features is also subject to the terms and policies of these third-party providers.

7. Advertising

7.1 Ads in Free Version

The free version of the App may display advertisements provided by Google AdMob and other advertising partners.

7.2 Ad-Free Experience

Premium subscribers may experience reduced or eliminated advertisements, depending on the subscription tier.

7.3 Third-Party Advertisers

We are not responsible for the content of third-party advertisements or any actions you take based on advertisements displayed in the App.

8. User Conduct

You agree NOT to:

Use the App for any unlawful purpose
Attempt to reverse engineer, decompile, or disassemble the App
Use automated systems (bots, scrapers) to access the App
Interfere with or disrupt the App’s functionality
Transmit viruses, malware, or harmful code
Impersonate others or provide false information
Violate any applicable laws or regulations

9. Intellectual Property

9.1 Ownership

The App, including all content, features, functionality, code, and design, is owned by Matthew Westfall and is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

9.3 Your Content

You retain ownership of all data, photos, and content you create or upload to the App (“User Content”). By using the App, you grant us a license to store and process your User Content solely for the purpose of operating the App on your device.

10. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Uninterrupted or error-free operation
Accuracy or reliability of data or suggestions

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability shall not exceed the amount you paid for the App or subscription in the past 12 months
We are not responsible for any racing accidents, injuries, or equipment damage that may result from using the App or following its suggestions

12. Racing Safety Disclaimer

IMPORTANT: This App is a data tracking and management tool only.

Always follow official racing rules and safety guidelines
Consult qualified racing professionals for setup advice
Never adjust your kart based solely on App suggestions without proper knowledge and expertise
We are not responsible for any accidents, injuries, or equipment damage resulting from kart modifications or racing activities

13. Data Import

When importing data from third-party sources (such as SpeedHive):

You are responsible for ensuring you have permission to import that data
Imported data accuracy is not guaranteed
We are not affiliated with or endorsed by third-party data providers

14. Updates and Modifications

14.1 App Updates

We may release updates, patches, or new versions of the App. You may need to update the App to continue using it.

14.2 Terms Changes

We reserve the right to modify these Terms at any time. Changes will be effective when posted with an updated “Last Updated” date. Continued use of the App after changes constitutes acceptance of the modified Terms.

14.3 Feature Changes

We may add, modify, or discontinue features at any time without notice.

15. Termination

15.1 By You

You may stop using the App at any time by uninstalling it from your device.

15.2 By Us

We may suspend or terminate your access to the App at any time for:

Violation of these Terms
Fraudulent activity
Any reason at our sole discretion

15.3 Effect of Termination

Upon termination, your right to use the App ceases. Provisions that by their nature should survive termination shall survive.

16. Location Services and Permissions

The App may request device permissions including:

Storage: To save and retrieve your racing data locally
Camera: To attach photos to sessions (optional)
Location: To record track locations and weather data (optional)
Internet: To access AI features and weather data (optional)

You may deny these permissions, but some features may not function properly.

17. Third-Party Services

The App may integrate with or link to third-party services, including:

Google Play Services
Google AdMob
OpenAI API (for AI features)
Weather data providers

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services.

18. Export Control

You agree not to export or re-export the App in violation of any applicable export control laws or regulations.

19. Governing Law

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

20. Dispute Resolution

Any disputes arising from these Terms or use of the App shall be resolved through:

Informal Negotiation: Contact us first to attempt to resolve the issue
Arbitration: If informal negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules
Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

23. Contact Information

For questions, concerns, or support regarding these Terms or the App, please contact:

Email: support@kartsetupelite.com
Website: [Your website if available]

24. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.