Terms of Service

1Eligibility & accounts

To create and hold an account, you must be at least 18 years of age and able to form a legally binding contract. By creating an account, you represent that you meet these requirements.

The Service is designed for motorsport participants, including karting, where drivers may be under 18. A parent or legal guardian aged 18 or over may hold an account and add or upload data relating to a minor driver in their care. If you do so, you are the account holder, you are responsible for that account and all activity on it, and you confirm that you have the authority to provide the minor's information and agree to these Terms on their behalf.

You must provide accurate, current, and complete information when registering and keep it up to date.

2Account security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at support@fusionracing.com.au if you suspect any unauthorised use. We are not liable for loss arising from unauthorised use of your account where you have failed to keep your credentials secure.

3Subscription & billing

Access to paid features of the Service requires an active Fusion Pro subscription (including during a free trial, where offered). New subscriptions may begin with a 7-day free trial. After the trial, the subscription is billed in advance on a recurring monthly basis at the price displayed at sign-up (currently A$3.99 per month, including GST where applicable). Prices are in Australian dollars.

Payments are processed by our third-party payment provider, Stripe. When you start a trial or subscribe, you provide a payment method. You authorise us (via Stripe) to charge that method when the trial ends (if applicable) and for each billing period thereafter until you cancel. You are responsible for providing a valid payment method and for any taxes that apply to your purchase.

Free trial

If you start a free trial, you will not be charged during the trial period. At the end of the trial, your subscription converts to a paid monthly plan and your payment method is charged unless you cancel before the trial ends. Cancelling during the trial ends access when the trial ends (or sooner if you cancel access immediately through your account settings, where available).

Automatic renewal

Your subscription renews automatically at the end of each billing period (or at the end of a free trial) unless you cancel before the renewal date. If a payment fails, we may retry the charge and may suspend access to paid features until payment succeeds.

Price changes

We may change subscription prices from time to time. We will give you reasonable advance notice of any price change, and it will take effect from your next billing period after the notice. If you do not agree to a price change, you may cancel before it takes effect.

4Cancellation & refunds

You may cancel your subscription at any time through your account or by contacting us. When you cancel, your subscription remains active until the end of the current billing period, and you will continue to have access to paid features until then. We do not provide partial refunds for the unused portion of a billing period, except where required by law.

After cancellation, we retain your account and data as described in our Privacy Policy, so that you can resume where you left off if you re-subscribe.

5Your data & content

You own your data. As between you and Fusion, you retain all ownership of the telemetry, session data, files, and other content you upload or generate through the Service ("Your Data").

You grant Fusion a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, and display Your Data solely to the extent necessary to operate, provide, maintain, and improve the Service for you (and, where you choose to share it, to display it to other users as described in Section 8). This licence ends when you delete Your Data or your account, except for copies retained in routine backups or as required by law.

You are responsible for Your Data and for having the necessary rights to upload and use it with the Service.

6Uploaded data & third-party hardware

The Service lets you voluntarily upload data files (for example, CSV exports) that you have recorded using third-party data-logging hardware and software. By uploading any file, you represent and warrant that:

• the data is your own or you otherwise have the right to upload and use it;
• your upload and use of the data does not breach any law or any third party's rights, including the licence terms of the hardware or software used to record it, or the privacy of any other person; and
• you have any consents required to include data relating to any other individual.

Because uploaded data originates from third-party equipment we do not control, we do not warrant the accuracy, completeness, or reliability of that data or of any lap times, sectors, insights, or other outputs derived from it. We may introduce our own data-logging hardware in the future, and we may update these Terms to reflect it.

7Acceptable use

You agree not to:

• use the Service in any way that breaches any applicable law or regulation;
• upload data you do not have the right to upload, or that infringes any third party's rights;
• submit false, manipulated, or misleading data, or otherwise attempt to falsify leaderboard results or other users' records;
• access, scrape, harvest, resell, or redistribute the Service or any data within it (including other users' data) except as expressly permitted;
• attempt to gain unauthorised access to any account, system, or network, or interfere with or disrupt the Service;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law; or
• harass, abuse, impersonate, or harm another person through the Service.

8Leaderboards & social features

The Service includes social features such as leaderboards, driver search, friends, clubs, and public profiles. Depending on your privacy settings, certain information (such as your display name, kart class, lap times, and results) may be visible to other users. You control much of this through your account's privacy settings, and you can adjust what you share.

You are responsible for the content you make visible to others. We may remove content or results that we reasonably believe breach these Terms or are false, manipulated, or harmful.

9Our intellectual property

The Service, including its software, design, text, graphics, logos, and the "Fusion" and "Fusion Telemetry" names, is owned by or licensed to Fusion and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose in accordance with these Terms. We reserve all rights not expressly granted.

10Availability & changes

We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any part of the Service, and may introduce or change features (including features labelled beta, preview, or experimental, which are provided "as is"). We will try to give reasonable notice of material changes that adversely affect you.

11Disclaimers

To the maximum extent permitted by law, and subject to Section 4 (Australian Consumer Law), the Service is provided "as is" and "as available", and we exclude all warranties, representations, and guarantees not expressly set out in these Terms.

12Limitation of liability

To the maximum extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law:

• we are not liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profits, revenue, data, goodwill, or opportunity, arising out of or in connection with the Service; and
• our total aggregate liability to you arising out of or in connection with the Service or these Terms is limited to the amount you paid us for the Service in the 12 months immediately before the event giving rise to the liability.

Where our liability cannot be excluded but can be limited under the Australian Consumer Law, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

13Indemnity

You agree to indemnify and hold Fusion harmless from any claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising out of or connected with your breach of these Terms, your misuse of the Service, or your uploading of data you did not have the right to upload, except to the extent caused by our own breach or negligence.

14Suspension & termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. Where reasonable and lawful, we will give you notice. On termination, the licences granted to you end. Sections that by their nature should survive termination (including Sections 5, 6, 9, 11, 12, 13, and 16) will survive.

15Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by email or a notice in the Service. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the updated Terms.

16Governing law

These Terms are governed by the laws of New South Wales, Australia. You and Fusion submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

17General

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer your rights under these Terms without our consent; we may assign our rights to a related entity or in connection with a sale or restructure of our business. These Terms, together with our Privacy Policy, form the entire agreement between you and Fusion regarding the Service.

18Contact

Questions about these Terms can be sent to:

Fusion Telemetry Pty Ltd
ABN 33 693 516 719 · ACN 693 516 719
Forestville NSW 2087, Australia
support@fusionracing.com.au