End User License Agreement

DIGITAL RACE ENGINEER (DRE) EULA

Last updated May 16 2024

This End User License Agreement (this “Agreement”) is between you and SimFonX (this “SIMFONX”) and its affiliates (collectively, including “DRE”, “Digital Race Engineer”, “SimFonX” or “We”) and it governs your use of SIMFONX’s software, documentation, and related services, including the services made available on SIMFONX’s websites at thedigitalraceengineer.com and getdre.app (all of which are referred to herein as the “Software”).

By registering for, accessing, installing, or using the Software, including any updates or custom versions, you agree to be bound by this Agreement. If you do not accept all the terms of this Agreement, do not register for, access, install, or use the Software.

The Software is designed solely for personal use by individuals. It is not intended for use by businesses or organizations. If you are part of a business or organization and seek to register for, access, install, or use the Software, please contact SIMFONX directly at hello@thedigitalraceengineer.com to arrange for different pricing and licensing terms.


You must be at least 13 years old to use the Software. Children under 13 are prohibited from using the Software. If you are 13 or older but not yet of legal age to enter into a binding contract (typically 18 in many jurisdictions), your parent or guardian must read and agree to this Agreement on your behalf. If you are a parent or guardian consenting to your child’s use of the Software, you agree to be bound by this Agreement regarding your child’s use of the Software.

Description of Software

The Software consists of an add-on application (“Application”) intended to be run in conjunction with certain racing simulation computer programs (“Sims”) developed to assist you and improve your racing performance as well as racing experience. The Application runs in the background while you are using the Sim, allowing you to communicate witht the assistant race engineer, as well as gathering racing data (“Race Data”) for race performance optimizations. This Race Data is then sanitized and cleaned for Personal Identifiable Information (PII), uploaded to SIMFONX’s servers, where it is stored and analyzed, to help your improve your racing performance.

License

SIMFONX grants you a personal, worldwide, non-assignable, and non-exclusive license to use the Software. The basic version of the Software is provided free of charge, but access to premium features and services may require a subscription. The subscription is restricted to one user. More subscriptions must be bought for additional users. One subscription may be used on multiple machines, as long as the user is the same. You may not use the Software for any other purpose without the express written consent of SIMFONX. You acknowledge and agree that SIMFONX (or SIMFONX’s licensors) own all legal rights, titles, and interests in and to the Software, including any intellectual property rights that subsist in the Software, except for third-party trademarks and copyrighted material included within the Software.

Ownership of Race Data and Content

Race Data gathered through the Software belongs to you. SIMFONX acknowledges it does not obtain any right, title, or interest in your Race Data, except as stated here. By allowing SIMFONX to gather your Race Data, you grant SIMFONX a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your Race Data. SIMFONX will not use Race Data to publicly identify you or reveal your personal information, and will comply with its Privacy Policy.

User Content

You are solely responsible for any User Content you upload, post, email, transmit, or make available through the Software. SIMFONX does not control or monitor User Content and does not guarantee its accuracy, integrity, or quality. By using the Software, you acknowledge that you may encounter content that is offensive, indecent, or objectionable.

DRE will gather information about you to provide a better service. This information includes, but is not limited to: Your name and customer ID in the Sim, Software subscription info.

Racing data of tire, fuel, and weather will be averaged with existing data and shared with all DRE users to benefit everyone. You may disable sharing racing data with others by visiting https://thedigitalraceengineer.com/disable-sharing-data.

Setups are not parsed or used in any form, except for the ‘FuelLevel’ and ‘TireType’ setup values used to determine fuel level and tire compound selection before entering the car. You may disable setups via the app.ini file by visiting https://thedigitalraceengineer.com/disable-setup-logging.

Restrictions on Use

You may not (and may not allow others to):

  • Copy, modify, create derivative works, reverse engineer, decompile, or extract the Software’s source code, unless permitted by law or authorized by SIMFONX in writing.
  • Disable or circumvent any security features of the Software or its applications.

Additionally, you agree not to:

  • Upload or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive, hateful, or objectionable content.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Upload or transmit content you do not have the right to make available under any law or contractual relationships.
  • Upload or transmit content that infringes any intellectual property rights.
  • Use the Software for unsolicited commercial purposes without SIMFONX’s written permission.
  • Interfere with or disrupt the Software or connected servers or networks.

Confidentiality

The Software is confidential and proprietary to SIMFONX. You agree not to allow others to use or view the Software or its documentation without SIMFONX’s permission. Do not transfer, copy, disclose, or provide any confidential information to third parties without prior written consent from SIMFONX.

Personal Information and Privacy

We may request personal information during your use or registration of the Software. This information is governed by our Privacy Policy at https://thedigitalraceengineer.com/privacy-policy.

Credentials for the Sims are solely used for accessing the Sims’ restricted online data, such as the next race time and the number of registered participants. The credentials are stored encrypted locally only and are used for getting access to the Sims’ online services.

Under the GDPR, you have the following rights regarding your personal data:

  • Right to Access: You have the right to request access to your personal data and obtain information about how it is processed.
  • Right to Rectification: You have the right to request correction of any inaccurate or incomplete personal data.
  • Right to Erasure: You have the right to request the deletion of your personal data under certain conditions.
  • Right to Restriction of Processing: You have the right to request the restriction of processing of your personal data under certain conditions.
  • Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to have it transferred to another controller.
  • Right to Object: You have the right to object to the processing of your personal data under certain conditions.
  • Right to Withdraw Consent: If processing is based on consent, you have the right to withdraw your consent at any time.

Exercise any of these rights via hello@thedigitalraceengineer.com. We will respond to your request within one month.

Feedback

By providing feedback, you grant SIMFONX a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use, modify, and incorporate your feedback into the Software.

Account Cancellation

Users can cancel their accounts by requesting them deleted to hello@thedigitalraceengineer.com. Upon cancellation, SIMFONX will retain the necessary information to comply with legal obligations but will delete the account and associated content as soon as possible. Some information may remain in encrypted backups until they expire.

Governing Law

  • European Economic Area or Switzerland: This Agreement is governed by Danish law. You consent to the courts in the Capital Region, Denmark.
  • United States or Elsewhere: This Agreement is governed by U.S. and Delaware law. You consent to the courts in Delaware.

No Warranty

The software is provided ‘as is’, without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and noninfringement. SimFonX does not guarantee that the software will meet your requirements or that its operation will be uninterrupted or error-free.

Use alerts at your own risk. Always double-check the alerts via the relative tab and/or by using mirrors. Do not solely rely on these alerts, as errors might occur due to poor internet connection.

Limitation of Liability

SIMFONX is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, those resulting from:

  • your use or inability to use the Software,
  • the cost of substitute goods, data, information, or services,
  • errors or inaccuracies in the Software,
  • personal injury or property damage from using the Software,
  • bugs, viruses, or harmful files transmitted through the Software,
  • any other loss or damage from using the Software.

These limitations apply even if SIMFONX was advised of possible damages. SIMFONX’s liability for any damages will not exceed $100 or the amount you paid for the Software in the past 12 months, whichever is greater. These limitations apply to the fullest extent permitted by law.

Term and Termination

Either SIMFONX or you may terminate this Agreement at any time by providing the other party written notice thereof via hello@thedigitalraceengineer.com. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Software. You are not entitled to receive any refunds if you choose to terminate this Agreement. All provisions in this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Modification

SIMFONX may modify the Software and/or this Agreement at any time, in its sole discretion. SIMFONX will notify you of any such modifications with either written notice to you or by publishing news of such modification directly onto SIMFONX’s website. If you do not agree to be bound by the changes, you must immediately cease using the Software. If you continue using the Software after notification of such changes, then you are deemed to have accepted all of the changes and will be bound by them.

General

This Agreement and SIMFONX’s Privacy Policy are the entire agreement between you and SIMFONX, superseding any prior agreements. If any part of this Agreement is found to be unlawful, it will be modified to fulfill its original intent as much as possible, and the rest of the Agreement will remain in effect. The Software is subject to U.S. export laws, and you agree to comply with them. You may not assign this Agreement, and any attempt to do so will be void.

Contact Information

If you have any questions about this Agreement, please contact us at hello@thedigitalraceengineer.com.

THIS NOTICE MAY NOT BE REMOVED OR ALTERED FROM ANY DISTRIBUTION.

COPYRIGHT 2024 SIMFONX. ALL RIGHTS RESERVED