Introduction
These Terms and Conditions ("Terms") govern your use of the XCeleration mobile application ("App"), provided by XCeleration ("we", "our", or "us"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, please do not use the App.
Your Account
- Some features, such as saving races to the cloud and linking to a coach, need an account. Please give a real email address and keep your password private.
- You are responsible for what happens in your account.
- You can delete your account at any time from Settings in the App. This permanently erases your account and the race information saved to it, as described in our Privacy Policy.
- We may suspend or close an account that breaks these Terms or is used to harm the App or other people.
Using the App
License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App to organize, time and score races for yourself, your team, your school or your club, subject to these Terms.
Your Responsibilities
- Only enter information about runners, such as names, grades and bib numbers, that you are allowed to use for your team. Many runners are students under 18; follow your school's or club's rules for their information.
- Do not use the App to break any law, or in any way that could damage or impair the App or its services.
- Do not try to access other people's accounts or data.
Checking Results
The App helps you record finish times and bib numbers and put results together, but results depend on what timers and bib recorders enter. Please review results before you publish them or use them as official. We are not responsible for mistakes in results.
Third-Party Services
Google Sheets and Google Drive
If you choose to import a roster from Google Sheets or export results to Google Sheets:
- Authorization: You will be asked to sign in to your Google account and grant permission.
- Limited access: The App asks only for access to the spreadsheets you pick and the results spreadsheets it creates for you. It cannot see your other files.
- Google's terms: Your use of Google services is subject to Google's Terms of Service and Privacy Policy.
- Revoking access: You can remove the App's access at any time in your Google Account settings.
Intellectual Property
Our Rights
The App, including its design, graphics, code and content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written permission.
Your Rights
You keep all rights to your race data. You give us a non-exclusive license to store, process and display it only to provide and maintain the App for you.
Privacy Policy
Your use of the App is also governed by our Privacy Policy, which explains what information we collect, how we use it, and your choices.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL NEVER BE LOST.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
Apple App Store
If you downloaded the App from Apple's App Store:
- These Terms are between you and us, not Apple. We, not Apple, are responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation for the App.
- Apple is not responsible for any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims, or claims that the App infringes someone else's intellectual property.
- You confirm that you are not located in a country subject to a U.S. Government embargo, and are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Changes to the App and Terms
We may change or discontinue the App, or any feature of it, at any time.
We may update these Terms from time to time. When we do, we will post the new version on this page and update the effective date. Your continued use of the App after a change means you accept the updated Terms.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: xceleration.app@gmail.com