Terms of use

1. Who we are

Apex is provided by Simone Orazio Scionti, Via Tito Manlio Manzella 5, Catania, Italia. You can write to us at info@apexlaps.app.

2. What Apex is

Apex is an app that maps circuits and times your laps and sectors, using your phone's location and motion sensors, and lets you compare your laps. Some features are available for free and others with a paid plan; what each plan includes is shown in the app before you subscribe.

3. Safety: use Apex at your own risk

• Riding and driving on a circuit or on the road is dangerous. You are solely responsible for how you ride or drive, for your safety and for that of others.
• Never look at or operate your phone while riding or driving. Start and stop the session when you are stationary, and mount your phone securely.
• Follow the law, the rules of the circuit and the instructions of its staff. Make sure you are allowed to ride or drive where you use Apex.
• Positions, laps, sectors, speeds and times are computed from your phone's sensors and may be inaccurate or missing, for example with a weak GPS signal. They are for your personal information only and are not official timing.

4. Using the app

You agree to use Apex lawfully and to respect these rules. You must not:

• reverse engineer, decompile or copy the app, or try to extract its source code, except where the law allows it;
• access our servers by means other than the app, or scrape, overload or interfere with them;
• try to read, change or delete other riders' data, or to get around the limits of your plan;
• use Apex for anything unlawful or in a way that could harm other riders or the service.

5. Tracks and shared content

When you map a track and give it a name, it goes into a catalog that other riders can read and use, as described in the privacy policy. By doing so you let us and the other riders use the track's shape, name and sectors within Apex. Mapping a track gives you no exclusive right over it.

Only map tracks you are allowed to ride, and give them names that are accurate and not offensive or misleading. Tracks are drawn from riders' recordings, so we can't guarantee that they are accurate. We may rename, correct or remove a track that breaks these terms or the law.

6. Paid plans and purchases

• Purchases and subscriptions are made through your Apple ID and managed entirely by Apple, which also handles payments. We never see your payment details.
• Price, billing period and what is included are shown in the App Store before you buy. A paid plan renews automatically at the end of each period unless you cancel it at least 24 hours before the renewal, from your Apple ID subscription settings.
• Refunds are decided by Apple, according to its rules, and you can ask for one at reportaproblem.apple.com. Your statutory rights as a consumer are not affected.
• What each plan includes, and its price, may change over time. Where required, we will tell you before a change takes effect, and Apple will ask for your agreement to a price increase. Your stored data is never deleted because of your plan: if you move to a plan that includes less, some of it may simply be locked until you subscribe again.
• Apple is not a party to these terms and is not responsible for the app, its support or maintenance. Apple and its subsidiaries are third-party beneficiaries of these terms as far as your use of the app on an Apple device is concerned.

7. Beta versions

If you use a beta version of Apex, for example through TestFlight, it may contain errors, change without notice, or lose data. Use it knowing this, and send us your feedback: you let us use it freely to improve Apex.

8. Intellectual property

Apex, its name, logo, design, texts and code belong to us or to our licensors and are protected by law. We give you a personal, non-exclusive, non-transferable and revocable licence to use the app for as long as you comply with these terms. Your sessions and data remain yours.

9. Availability, changes and suspension

We work to keep Apex running, but we can't promise it will always be available or free of errors. We may change, improve or remove features, and may suspend or end your access if you seriously or repeatedly break these terms. Features that need an internet connection, such as sync and the shared catalog, depend on your connection and on our providers.

10. No warranties

To the extent the law allows, Apex is provided "as is" and "as available", without warranties of any kind, express or implied, including that it is accurate, uninterrupted or fit for a particular purpose. This doesn't affect the warranties and rights the law gives you as a consumer and that can't be excluded.

11. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential damages, loss of data or profits, or for accidents, injuries or damage that happen while you ride or drive, however they are caused. Nothing in these terms limits liability for death or personal injury caused by our fault, for wilful misconduct or gross negligence, or anything else that can't be limited by law.

12. Your data

How we handle your personal data is described in our privacy policy, which you can find in the footer of this website.

13. Changes to these terms

We may update these terms, for example when we add features. We will update the date above and, for changes that matter, tell you in the app. If you continue to use Apex after the change, you accept the new terms; if you don't agree, stop using the app.

14. Governing law and disputes

These terms are governed by Italian law, without taking away the mandatory consumer protections of the country where you live. If you are a consumer, any dispute is decided by the court of your place of residence or domicile, as the law provides; otherwise, the courts of Catania have jurisdiction.

15. Contact

For any question about these terms, write to info@apexlaps.app.