Terms of use

Draft for racegenie.app. Last updated: [DATE]. Covers GenieCloud and myRaceGENIE (the service). On iPhone, Apple's standard licence agreement (EULA) covers your licence to use the app. These terms cover the service behind it.

Who we are

The service is provided by Genie Dynamics Ltd, company number 17494764, registered office 128 City Road, London, EC1V 2NX. Contact: team@geniemotorsport.com.

Accepting these terms

You accept these terms and the privacy policy when you create an account (the sign-up page asks you to). We record when you did. A team owner also accepts the team terms and data processing agreement for the team before the team is created, or the next time they open the team site after those terms change.

Accounts

• You must be 16 or over. If you are 16 or 17, a parent or guardian must agree. You confirm that in the app.
• Keep your sign-in safe. You are responsible for what happens under your account.
• Give true details. Tell us if you think someone else has your account.

Teams and who owns what

• A team is created by an owner. The owner is responsible for the team's members, roles and invitations, and for what the team uploads.
• Team data (cars, meetings, plans, laps, video, notes) belongs to the team. The team owner can see and manage it.
• A driver's own part (your profile, your uploads, your own history and your personal copy) belongs to you. If you leave a team, you keep your own part. The team keeps its records, with your name replaced by "Former driver" if you delete your account.
• Team owners must have the right to upload anything they add, and the right permission to hold data about drivers, including parent or guardian permission for under-18s. Owners decide what the team shares with drivers.
• You give us permission to store, process and show your data as needed to run the service. We do not claim ownership of it.
• Data protection roles. For a team's data, the team is the controller and we are its processor; the team terms and data processing agreement (https://cloud.racegenie.app/team-terms) apply between us and the team, and a team owner accepts them for the team. For your account, your driver profile and your own uploads, we are the controller (see the privacy policy).

Acceptable use

Do not:

• upload anything unlawful, or anything you have no right to upload;
• try to see another team's or person's data, or break or overload the service;
• share your sign-in, or use the service to harass anyone;
• copy, resell or download Bluesky aerial imagery, or work around the in-app viewing limit;
• put health or other sensitive details into notes and uploads.

We may suspend an account that breaks these rules. We will explain why where we can.

Video and imagery

• Video you upload stays yours (or your team's). You give us permission to store it, make reduced copies and stream it to the people your team allows.
• Downloads are available only where the team has allowed them.
• Bluesky aerial imagery is licensed to us for viewing in the app. You may not download, save, copy or share it.
• Do not upload video that shows people who have not agreed to it being shared with your team. [SOLICITOR: check wording.]

Public racing CV

A public CV is optional. It is shown by link and shows only what you choose. You can unpublish it at any time. Under-18s cannot publish one without their parent or guardian's agreement.

Payment

Teams pay for GenieCloud on the website, through Stripe. The iPhone app has no purchases and does not sell anything. Team owners see the plans on the team website. If payment fails, paid features switch off after a grace period, but your data stays viewable and exportable. A payment lapse never switches off features during a meeting in progress.

If a team cancels

The team's data is read-only for 90 days, then the cloud copy is deleted. Export what you need before then. Drivers keep their own part.

Race data and advice

Analysis, strategy and AI commentary are there to help. They are not a guarantee, and may be wrong. You make the racing and safety decisions. Do not rely on the service for safety-critical decisions.

Availability

We aim to keep the service running, but we cannot promise it will always be available. Mac apps work without internet. Sync and uploads continue when the connection returns.

Our responsibility

• We do not limit liability for death or personal injury caused by negligence, for fraud, or for anything the law does not allow us to limit.
• Otherwise, our total liability to you is limited to [AMOUNT: for example, the fees paid in the previous 12 months], and we are not liable for loss of profit, race results, or indirect loss. [SOLICITOR: check.]
• Consumers keep their legal rights.

Ending

You can stop using the service and delete your account at any time. We may end or suspend access for serious or repeated breach of these terms.

Changes

We may update these terms. We will tell team owners and drivers before a material change takes effect.

Law

English law applies. Courts of England and Wales have jurisdiction. Consumers in Scotland or Northern Ireland may use their local courts. [SOLICITOR: check.]