Terms of Service

1. Who We Are and Acceptance

The Services are provided by GIALOVA LLC, which operates under the trade name "Wayra Racing". References to "Wayra" in the apps, on the website and in emails refer to GIALOVA LLC. Receipts and invoices for paid plans bought on our website are issued by Paddle.com, our reseller and Merchant of Record (Section 12.2); for plans bought inside the mobile apps, Apple or Google charge you and issue the receipt (Sections 12.3 and 12.4).

You accept these Terms when you check the acceptance box at sign-up, accept them in the app, accept them at checkout, or otherwise use the Services. We record the version you accepted and the date. These Terms incorporate our Privacy Policy, our Community Guidelines and our Copyright and DMCA Policy.

If you use the Services on behalf of a team, club or company, you confirm that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

2. Eligibility and Your Account

2.1 Age and young racers. Motorsport starts young, and Wayra is here to help racers of every age improve, on motorcycles, karts and cars. You must be at least 13 years old to have your own account. If you are 18 or older (or the age of majority where you live, if higher), you can use Wayra on your own. If you are 13 or older but under that age, you may have your own account only with the permission of a parent or legal guardian, who accepts these Terms on your behalf. Children under 13 may not have their own account: a younger racer can use Wayra only through an account created and managed by their parent or guardian. By giving that permission, or by accepting these Terms for a young racer, the parent or guardian (a) agrees to the racer's use of the Services and to the processing of the racer's data (such as the telemetry, location and video recorded in their sessions) as described in our Privacy Policy; (b) is responsible for supervising that use; and (c) accepts these Terms on the racer's behalf, including Sections 4, 5, 20 and 21. If we learn that a minor is using Wayra without that permission, we may close the account.

2.2 Your account. You may register with email and password or with Google or Apple sign-in. Give us accurate information, keep your credentials secret, and tell us at info@wayraracing.com if you suspect unauthorized use. You are responsible for activity under your account. One person, one account; accounts are personal and not transferable, except that a parent or guardian may use their account for the minor racers in their care (Section 2.1). Devices. A paid plan can be used with one account on one phone, one tablet and one computer (web or desktop app) at the same time. Signing in on another device of the same kind moves the plan to that device; the previous one keeps working with the free features, and its recordings stay on it.

2.3 Username. Your username is public: it appears next to anything you share in Community, in events and on leaderboards. Do not use a username that impersonates someone, includes someone else's personal data, or breaks the Community Guidelines.

2.4 Deleting your account. You can delete your account at any time in the app (Settings > Delete account) or at wayraracing.com/delete-account. Deletion is immediate and cannot be undone. If you have an active paid subscription bought on our website, deleting your account cancels it immediately and you lose access to the time you have already paid for; you can ask for a refund of that time under Section 13.5. Deleting your account does not cancel a subscription bought through the Apple App Store or Google Play: only you can cancel it, in your store account, and the store keeps charging it until you do. Cancel it before you delete your account (Section 13.1).

2.5 Suspension or termination by us. We may suspend or close an account that breaks these Terms or the Community Guidelines, that we reasonably believe is fraudulent, or where the law requires it. Where reasonable we will tell you why and give you a chance to respond. If we close a paid account without cause, or for reasons that are not your fault, we refund the unused portion of a subscription bought on our website; for a subscription bought through the App Store or Google Play, we will tell you so that you can cancel it in the store, and we will refund the unused portion through Google Play's tools where they allow it or help you request it from Apple (Section 13.6).

3. The Services

Wayra is a data-analysis platform for motorsport. It covers motorcycles, karts, cars and sim racing. Depending on your plan, it includes:

• Recording and analysis: recording with your phone's sensors (GPS, accelerometer, gyroscope), Bluetooth OBD2 adapters and compatible dataloggers; importing files from other data systems; lap timing, charts, comparisons, setup and chassis tools.
• AI features: an AI assistant ("AI Chief") and "Explain this" buttons that explain your data in plain language, and PRO MAP, which proposes fuel-mixture corrections from wideband lambda data using fixed rules (the AI only explains the result).
• Community and events: sharing sessions, comments, user-created events and leaderboards (Section 9).
• Sim racing: receiving telemetry from supported simulators on a computer.

We may add, change or remove features. The features of each paid plan are the ones listed on the pricing page, or on the subscription screen of the app, when you buy; we give paying subscribers at least 30 days' notice of material reductions (Section 29).

4. Closed-Course Use Only; Road Safety

4.1 Closed courses only. Lap timing, sprints, comparisons, leaderboards, events and every performance feature of the Services are designed exclusively for use on race tracks, karting tracks and other courses that are closed to public traffic and operated with the permission of the owner or organizer and any permit the law requires (for example, a hill climb or rally stage on a road officially closed by the authorities).

4.2 No street racing. You must not use the Services to race, time yourself or others, set records, compete, exceed speed limits or perform stunts on public roads or any road open to traffic. Sessions recorded on public roads must not be submitted to events, leaderboards or Community. Breaking this rule may lead to removal of your content and closure of your account, and may also be a crime.

4.3 Do not handle your phone while riding or driving. Mount and set up your phone or device before you move, start and stop recordings only while stopped in a safe place, and never look at, touch or operate the app, notifications or any screen while riding or driving. Keep devices and cables secured so they cannot interfere with the controls.

4.4 Follow the rules. Always obey traffic laws on public roads, the rules and instructions of the track or organizer, and wear the protective equipment they require. Features that work on public roads (for example, recording an everyday ride) are for personal records only, never for going faster.

5. Assumption of Risk

YOU ACKNOWLEDGE THAT RIDING AND DRIVING MOTORCYCLES, KARTS AND CARS, ESPECIALLY AT SPEED OR IN COMPETITION, ARE INHERENTLY DANGEROUS ACTIVITIES THAT CAN CAUSE SERIOUS INJURY, PERMANENT DISABILITY, DEATH AND PROPERTY DAMAGE, including from crashes, collisions, mechanical failure, tire or brake failure, track and weather conditions, other participants and your own mistakes. Sim racing also carries risks (for example, motion rigs, repetitive strain, prolonged screen use).

You take part in these activities voluntarily and you assume all of these risks, known and unknown. Using Wayra does not make any activity safer: telemetry, lap times, AI answers and setup suggestions do not reduce the inherent risks of motorsport, and chasing a faster lap time can increase them. You alone decide how you ride or drive, what you change on your vehicle, and whether your vehicle, equipment and physical condition are fit for the activity.

To the maximum extent permitted by law, you release GIALOVA LLC and its members, managers, employees, contractors and licensors (the "Wayra Parties") from claims for injury, death, damage or loss arising from your participation in these activities, including claims based on the Wayra Parties' negligence. This release does not apply to gross negligence, willful misconduct, or anything else that cannot legally be released, and it does not limit the rights described in Section 25.

6. Data, AI and Setup Information Are Not Professional Advice

Everything the Services show you (measurements, lap times, lean angles, estimated power, suspension and tire analysis, setup and chassis calculations, AI answers, "Explain this" texts and PRO MAP proposals) is information for education and analysis only. It is not professional riding or driving instruction, mechanical, engineering or tuning advice, or safety guidance.

• Measurements can be wrong. Phone sensors, GPS and third-party devices have limited accuracy; values may be estimated, filtered or incomplete. Do not use any value (for example, lean angle or grip) as a reference for the limit of your tires or vehicle.
• AI can be wrong. AI answers are generated automatically by a third-party language model. They can contain errors, omissions or suggestions that are unsuitable for your vehicle, skill or conditions.
• Check before you change. Any change to suspension, tire pressures, geometry, gearing, engine or fuel settings must be reviewed and carried out by a qualified professional, following the vehicle manufacturer's instructions.

You are solely responsible for your decisions and for any change you make to your vehicle.

7. Vehicle Connections (OBD2, ELM327, CAN, Dataloggers)

The Wayra apps can read data from your vehicle through Bluetooth OBD2/ELM327-type adapters and compatible dataloggers. The app only reads data: it requests standard parameters (such as RPM, throttle and temperatures) and does not write to the engine control unit, change calibrations or clear fault codes.

Connecting any device to a diagnostic connector or data bus is at your own risk. Third-party adapters vary in quality; in rare cases a device may interfere with the vehicle's electronics, trigger warning lights or drain the battery. Install and remove devices only with the vehicle stopped and switched off, follow the vehicle and adapter manufacturers' instructions, disconnect the device if you notice anything abnormal, and do not use adapters in a way that interferes with the vehicle's controls or safety systems. We do not guarantee compatibility with any vehicle, ECU or adapter.

8. Fuel Maps, PRO MAP and Emissions

PRO MAP and the fuel-mixture tools propose corrections from wideband lambda data recorded on your vehicle. They produce files and tables that you can review and, if you decide to, apply with your own tuning tool or workshop. Wayra does not modify your ECU or any emission control system.

• Closed-course competition only. Fuel-mixture proposals and exported maps are intended solely for competition vehicles used exclusively on closed courses. They are not intended for vehicles used on public roads.
• Emissions laws. Modifying the fuel or ignition calibration of a road-legal vehicle may make it non-compliant with emissions and vehicle laws (in the United States, the Clean Air Act and rules of the EPA and the California Air Resources Board, and equivalent laws elsewhere) and may void the manufacturer's warranty. You are solely responsible for complying with the emissions, vehicle and competition laws and rules that apply to your vehicle.
• Engine risk. An incorrect mixture (for example, too lean at full load) can overheat and destroy an engine. Any change must be verified and applied by a qualified professional.

Before generating a PRO MAP proposal the app asks you to confirm these conditions. We keep a record of that confirmation.

9. Community, User-Created Events and Leaderboards

9.1 Public content. What you share in Community (sessions and their files, names, descriptions, comments) and your event results are visible to other users and, in the case of listings, comments, public events and leaderboards, to anyone on the internet. Session files you share can be downloaded by other signed-in users; they may contain your GPS trace with dates and times. Share only what you are comfortable making public.

9.2 Events are organized by users, not by Wayra. Events, groups and leaderboards are created and run by users ("organizers"). Wayra does not organize, promote, sponsor, supervise, insure or referee any event, and does not verify the venue, the permits, the safety measures or the participants. Wayra only provides a timing and results tool.

9.3 Organizers' responsibilities. If you create an event, you are solely responsible for it: holding it only on a closed course with the owner's or authority's permission and every permit the law requires; safety measures, marshals and medical cover; insurance; participant eligibility; and any waivers or releases that participants must sign. Sprint and timed-stage events are allowed only on courses closed to public traffic (for example, a circuit, a drag strip, or a hill climb or rally stage on a road officially closed with a permit). Events on public roads are prohibited.

9.4 Participants. Joining an event is your decision and at your own risk (Section 5). Times and results are calculated from the data you submit and may be inaccurate or incomplete; they are not official results unless the organizer says so under its own responsibility.

9.5 Moderation. Community is subject to the Community Guidelines. We use automated filters on text (words may be masked or blocked), a strike system (three strikes lead to a temporary mute), and human review of reports. You can report content and block users where the apps and website offer it, or by writing to info@wayraracing.com. We may remove any content, event or result, or restrict an account, that breaks these Terms or the Guidelines, and we will tell you the reason when we do.

10. Your Data and Your Content

10.1 You own your data. Your telemetry, recordings, setups, files, comments and other content ("Your Content") remain yours.

10.2 License to us. You give GIALOVA LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, display and transmit Your Content only as needed to operate and provide the Services to you (including sending it to our service providers listed in the Privacy Policy) and, for content you choose to make public, to show it to other users. This license ends when you delete the content or your account, except for copies already downloaded by other users, residual backup copies, and records we must keep by law.

10.3 Aggregated statistics. We may create statistics that do not identify you or any person (for example, how many sessions are recorded per track) to run and improve the Services. We do not train AI models with your data.

10.4 Your promises. You confirm that you have the rights to everything you upload, that it does not infringe anyone's rights or break the law or these Terms, and that it does not include other people's personal data without their permission.

10.5 Getting a copy. Sessions stored on your device are already in your possession. You can ask us for a copy of the data we hold on our servers (Privacy Policy, Section 9). File export inside the app is a feature of the paid plans.

11. Copyright and DMCA

We respect intellectual property and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. How to send a notice or a counter-notice, our designated agent, and our repeat-infringer policy are described in the Copyright and DMCA Policy, which is part of these Terms.

12. Subscriptions, Billing and Automatic Renewal

12.1 Plans and where to buy them. The mobile apps are free to download. The free plan of the mobile apps shows ads (a banner on the main screens, never while recording, and optional rewarded videos you choose to watch), provided by third-party ad networks as described in our Privacy Policy; members (Wayra Pro and Wayra AI), the website and the desktop app never show ads, and no ads are shown in the European Economic Area, the United Kingdom or Switzerland. The paid plans are Wayra Pro and Wayra AI (Wayra AI includes everything in Wayra Pro), each billed monthly or annually. You can buy them in three ways (each one a "purchase channel"):

• On our website (wayraracing.com), through our reseller Paddle (Section 12.2);
• In the iPhone and iPad app, as an auto-renewable in-app subscription through Apple's App Store (Section 12.3);
• In the Android app, as a subscription through Google Play Billing (Section 12.4).

Whichever channel you use, the plan unlocks the same features in the apps, on the web and on desktop when you sign in with the same Wayra account (Section 12.5). We do not currently offer free trials or introductory offers; if we offer one in the future, its conditions will be shown before you buy.

12.2 Purchases on our website (Paddle). This Section 12.2 applies to orders placed on wayraracing.com. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. This means that Paddle sells you the subscription, charges your payment, collects the applicable taxes and issues your invoice, under its own buyer terms shown at checkout; Wayra provides the Services and remains responsible for them under these Terms. Depending on your country, you can pay by card or with other local payment methods offered at checkout.

12.3 Purchases in the iPhone and iPad app (Apple). Plans bought in the iOS app are auto-renewable subscriptions sold through Apple's App Store In-App Purchase system. Apple processes the payment with the payment method of your Apple Account and handles taxes, renewals, cancellations and refunds under the Apple Media Services Terms and Conditions and Apple's policies. Payment is charged to your Apple Account when you confirm the purchase. The subscription renews automatically for the same period unless it is cancelled at least 24 hours before the end of the current period, and the renewal is charged within the 24 hours before the period ends. You can manage or cancel it in your device's Settings > [your name] > Subscriptions. Apple issues the receipts for these purchases.

12.4 Purchases in the Android app (Google Play). Plans bought in the Android app are subscriptions sold through Google Play Billing. Google processes the payment with the payment method of your Google Play account and handles taxes, renewals, cancellations and refunds under the Google Play Terms of Service and Google Play's policies. Payment is charged to your Google Play account when you confirm the purchase, and the subscription renews automatically for the same period until you cancel it. You can manage or cancel it in the Play Store app > your profile > Payments & subscriptions > Subscriptions. Google issues the receipts for these purchases.

12.5 One account on every device; one subscription at a time. A plan bought through any channel unlocks the same Wayra account on every platform (mobile apps, web and desktop) when you are signed in with that account. A subscription is managed only in the channel where you bought it: it cannot be cancelled, changed or refunded through a different channel, and we cannot cancel or change a subscription bought through Apple or Google on your behalf. If your account already has an active plan, the website and the apps will not offer you a second one. If you nevertheless end up with two active subscriptions (for example, bought with two different store accounts), each one keeps renewing until you cancel it in its own channel; tell us and we will help you obtain a refund of the duplicate under Section 13.

12.6 Prices and taxes. On our website, prices are shown in U.S. dollars on the pricing page and do not include taxes. Any sales tax, VAT or GST that applies is calculated by Paddle based on your location and added at checkout, and you see the full total before you pay. Paddle may also show the price converted to your local currency. If you buy as a business and provide a valid tax ID at checkout, tax may be handled by reverse charge. In the apps, the App Store or Google Play shows the price in your local currency before you confirm the purchase, and taxes are handled by Apple or Google under their rules. Prices in the app stores may differ from the prices on our website (for example, because of currency, local taxes or the stores' price tiers). Your bank or card issuer may add currency conversion or foreign-transaction fees and, in some countries (for example, Ecuador), local taxes or charges on purchases made abroad; these are outside our, Paddle's, Apple's and Google's control.

12.7 AUTOMATIC RENEWAL. Paid plans are subscriptions that renew automatically at the end of each billing period (every month or every year, as you choose) at the price shown when you subscribe (subject to Section 12.8), plus applicable taxes, and your payment method is charged at each renewal until you cancel, whichever channel you bought the plan in. You can cancel at any time (Section 13.1). For website plans, Paddle emails you a receipt after every payment, and you receive a reminder by email before each annual renewal; for plans bought in the apps, Apple or Google send receipts and renewal notices under their own rules.

12.8 Price changes. If we change the price of a plan bought on our website, we will tell you by email at least 30 days before it applies to you. The new price applies from your next renewal after that notice; if you do not agree, cancel before that renewal. For subscriptions bought through the App Store or Google Play, price changes are notified by Apple or Google, which, where their rules or the law require it, ask for your consent before a higher price applies; if you do not consent, the subscription ends at the end of the current period.

12.9 Failed payments. If a renewal charge fails, Paddle, Apple or Google (depending on where you bought the plan) may retry it and may give you a short grace period. If payment cannot be collected, your account returns to the free plan; your data is not deleted.

12.10 Purchase records. To activate your plan we receive and store with your account a record of each purchase: for website purchases, from Paddle; for App Store and Google Play purchases, from Apple or Google through RevenueCat, our subscription-infrastructure provider (for example, the product, the store, the environment, the purchase and expiry dates and the transaction identifiers). We never receive your full card number. Our Privacy Policy explains how this data is handled.

13. Cancellation, Refunds and Right of Withdrawal

13.1 How to cancel. You cancel a subscription in the channel where you bought it:

• Website (Paddle): sign in at wayraracing.com/pricing and use "Cancel subscription" or "Manage subscription", which open Paddle's secure customer portal. You can also write to info@wayraracing.com.
• iPhone or iPad (Apple App Store): open Settings > [your name] > Subscriptions, select Wayra and cancel.
• Android (Google Play): open the Play Store app > your profile > Payments & subscriptions > Subscriptions, select Wayra and cancel.

Cancelling stops future renewals; it does not refund anything by itself. After you cancel, you keep your paid features until the end of the period you have already paid for and you are not charged again. Uninstalling the app or deleting your Wayra account does not cancel a subscription bought through Apple or Google, and we cannot cancel it for you (Section 13.5).

13.2 Refunds of website purchases. This Section 13.2 applies to plans bought on our website; purchases made in the mobile apps are covered by Section 13.6. Refunds are not issued automatically by the portal. To request one, write to info@wayraracing.com from your account email (subject "Refund"), or contact Paddle's buyer support at paddle.net; as Merchant of Record, Paddle may also handle refund requests under its own buyer terms. Refunds are issued through Paddle to the original payment method, together with the tax charged on the refunded amount, and normally appear within 5 to 10 business days. A full refund ends the paid features when it is processed; with a partial refund under (b) below, your access continues to the end of the month stated there.

For website purchases, we issue refunds in these cases:

• (a) First purchase, within 14 days. If you ask within 14 days of your first payment for a subscription, we refund that payment in full.
• (b) Annual plan cancelled mid-term. After those 14 days, if you cancel an annual plan before it ends, we charge the months you have used at our standard monthly price for that plan and refund the rest. A month you have started counts as a full month, and your access runs to the end of that month. Example (prices before tax): annual Pro paid at $90, standard monthly price $10; cancelling during the fourth month means 4 x $10 = $40 used and a refund of $50, plus the tax charged on that $50. A refund calculated this way is never below zero, and we never ask you to pay a difference.
• (c) Annual renewal you did not intend. If you tell us within 30 days of an annual renewal charge that you did not mean to renew, we refund that renewal in full and end the subscription, provided you have not used the paid features since it renewed.
• (d) Monthly plans. Apart from (a), the current month of a monthly plan is not refunded when you cancel; you keep access until it ends.

13.3 Right of withdrawal (EU, UK, Switzerland and similar laws). If you are a consumer with a legal right of withdrawal, you may withdraw from a subscription bought on our website within 14 days of buying it, without giving a reason, by sending us a clear statement (for example, an email to info@wayraracing.com). At checkout you expressly request that we start providing the paid features immediately and acknowledge that you may lose the right of withdrawal once the service has been fully provided. In any case, a request within 14 days of your first payment receives the full refund of Section 13.2(a). Consumers in Brazil may likewise withdraw within 7 days under the Consumer Defense Code, which the 14-day refund covers. For subscriptions bought through the App Store or Google Play, the right of withdrawal and any refund are exercised with Apple or Google under their terms and the law that applies to you (Section 13.6).

13.4 Changes you do not accept. If we make a material change to these Terms or reduce the features of your paid plan and you do not accept it, you may cancel and, for a plan bought on our website, receive a refund of the unused part of your current billing period, calculated day by day. For a plan bought through Apple or Google, you may cancel it in the store and request a refund from Apple or Google (Section 13.6); for Google Play purchases we may also issue that refund ourselves through Google Play's tools.

13.5 Account deletion with an active plan. Deleting your account immediately cancels a subscription bought on our website. You can ask within 30 days of the deletion (from the email of the deleted account) for a refund of the prepaid time you lost: we treat the deletion date as your cancellation date and refund under (a) or (b) above, which for annual plans means the unused full months. Remaining days of a monthly plan are not refunded, except under (a). If you want to keep using what you paid for, cancel first and delete your account after the period ends. Deleting your account does not cancel a subscription bought through the App Store or Google Play: cancel it in your store account first (Section 13.1), or the store will keep charging it; refunds of those charges are handled under Section 13.6.

13.6 Refunds of App Store and Google Play purchases. Subscriptions bought inside the mobile apps are refunded by the store where you bought them, under its own policies; the refund rules of Sections 13.2 to 13.5 do not bind Apple or Google.

• Apple App Store (iPhone and iPad): request a refund from Apple at reportaproblem.apple.com. Apple decides on these requests; we cannot issue or process refunds for App Store purchases.
• Google Play (Android): request a refund through Google Play under Google Play's refund policies, or write to us at info@wayraracing.com. We may, at our discretion, refund a Google Play purchase ourselves using the tools Google provides, for example in the situations described in Section 13.2.

If a store refunds a purchase or reverses a charge, the paid features of that subscription end.

These rules are in addition to, and never limit, the rights you have under the consumer law of your country.

14. Devices You Connect

Wayra does not sell hardware or any other physical product: on our website and in the app stores we sell only the software subscriptions described in Section 12. The Services work with devices you obtain from third parties, such as Bluetooth OBD2 adapters and compatible dataloggers; those devices are covered by their seller's terms and warranty, not by these Terms.

Install any device you connect so that it does not interfere with the vehicle's controls, electrical system or safety systems, following its manufacturer's instructions.

15. Software License and Restrictions

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the Wayra apps on devices you own or control, and to use the web app, for your own use. Teams and schools that want to use Wayra commercially can contact us.

You must not: copy, sell, rent, sublicense or distribute the software; reverse engineer, decompile or disassemble it, except to the extent the law expressly allows it despite this restriction; remove proprietary notices; circumvent plan limits, security or access controls; or use the Services to build a competing product. Open-source components included in the apps are licensed under their own licenses, which prevail for those components.

If you downloaded an app from the Apple App Store or Google Play, Sections 26 and 27 also apply.

16. Prohibited Conduct

In addition to the rules in Sections 4 and 9 and the Community Guidelines, you must not:

• use the Services for anything illegal, including street racing or organizing races on public roads;
• upload content that promotes dangerous riding or driving on public roads, or that harasses, threatens, defames or discriminates against anyone, or that sexualizes minors;
• publish other people's personal data (addresses, phone numbers, plates, GPS traces of others) without their permission, or impersonate anyone;
• submit manipulated data or false results to events or leaderboards;
• upload malware, spam or files you do not have the right to share;
• scrape, crawl or access the Services by automated means, or overload, probe or attack our systems;
• create accounts by automated means or under false pretenses, or evade a suspension, mute or block.

17. Intellectual Property and Third-Party Names

The Services, including the software, designs, texts, graphics, the Wayra name and logo and the Amaru mascot, belong to GIALOVA LLC or its licensors and are protected by law. These Terms do not give you any right to them other than the license in Section 15.

Names of other companies, products, file formats, dataloggers, vehicles, simulators and championships mentioned in the Services are trademarks of their respective owners and are used only to describe compatibility or for reference. Wayra is not affiliated with, sponsored by or endorsed by any of them.

If you send us ideas or feedback, we may use them without any obligation to you.

18. Third-Party Services

The Services rely on third parties such as Paddle (our reseller and Merchant of Record for web subscriptions), Apple and Google (sign-in, maps, and the App Store and Google Play, which sell and bill the in-app subscriptions), RevenueCat (which records and verifies App Store and Google Play subscriptions for us), Anthropic (the language model behind the AI features), Appodeal and its partner ad networks (ads in the free mobile app), and map and satellite-imagery providers. Your use of their services may also be subject to their terms. We are not responsible for third-party services, websites or devices that we do not control. If you use the AI features with your own API key, your use of that key is also governed by your agreement with its provider. Ads in the free mobile app are chosen and delivered by third-party ad networks; we do not endorse the advertised products or services and are not responsible for them or for the advertisers' websites. If you see an inappropriate or misleading ad, tell us at info@wayraracing.com.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, MEASUREMENTS, LAP TIMES OR AI OUTPUT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MAKE YOU FASTER OR SAFER. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties; in those places the exclusions apply only to the extent permitted, and Section 25 applies to consumers.

20. Limitation of Liability

20.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WAYRA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHATEVER THE LEGAL THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THEIR POSSIBILITY.

20.2 WITHOUT LIMITING SECTION 5, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WAYRA PARTIES WILL NOT BE LIABLE FOR INJURY, DEATH OR DAMAGE ARISING FROM: RIDING, DRIVING OR COMPETING; USE OF THE SERVICES ON PUBLIC ROADS OR WHILE RIDING OR DRIVING; EVENTS ORGANIZED BY USERS; SETUP, TUNING OR FUEL-MAP DECISIONS; AI OUTPUT; INACCURATE DATA; THIRD-PARTY DEVICES, ADAPTERS OR SERVICES; OR CONTENT AND CONDUCT OF OTHER USERS.

20.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE WAYRA PARTIES FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

20.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, for gross negligence or willful misconduct, or, where the law so provides, for death or personal injury caused by negligence.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless the Wayra Parties from claims, losses, liabilities and expenses (including reasonable attorneys' fees) brought by third parties and arising from: your breach of these Terms or of the law; your use of the Services on public roads or while riding or driving; events you organize; Your Content; or your infringement of anyone's rights. We may take control of the defense of any such claim, and you will cooperate with us. This Section does not apply to consumers to the extent the law of their country does not allow it.

22. Governing Law and Courts

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Subject to Sections 23 to 25, disputes that are not arbitrated will be decided by the state or federal courts located in Manatee County, Florida, and you and we consent to their jurisdiction.

23. Dispute Resolution and Binding Arbitration (United States)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL. This Section and Section 24 apply to you if you live in the United States, and elsewhere only where the law allows them (see Section 25).

23.1 Talk to us first. Before starting any proceeding, write to info@wayraracing.com (subject "Legal Notice") describing the dispute and the relief you want. We both agree to try in good faith to resolve it within 60 days.

23.2 Arbitration. If it is not resolved, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator decides all questions of arbitrability, except that a court decides questions about Section 24. Judgment on the award may be entered in any competent court.

23.3 Place and format. The arbitration will take place in the county where you live or, if you prefer, by video conference or on the documents. For claims under US$10,000 you may choose a documents-only arbitration.

23.4 Fees. Filing and arbitrator fees are paid as provided in the AAA Consumer Arbitration Rules; we pay the fees those rules assign to the business.

23.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to stop infringement or misuse of intellectual property.

23.6 Opt-out. You may opt out of this arbitration agreement by writing to info@wayraracing.com within 30 days of first accepting these Terms, with your name, account email, postal address and a clear statement that you opt out of arbitration. If you opt out, Section 22 applies.

24. Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person. If this waiver is found unenforceable for a claim, that claim will be decided by a court under Section 22, not in arbitration.

25. Consumers Outside the United States

If you are a consumer resident in the European Union, the European Economic Area, the United Kingdom, Switzerland, Brazil, Mexico or any other country whose mandatory law gives you rights that these Terms cannot waive:

• Mandatory consumer protections always apply. Nothing in these Terms limits the rights you have under the mandatory consumer and data-protection laws of your country of residence, including statutory warranties and your right of withdrawal.
• Arbitration and class waiver do not apply. Sections 23 and 24 do not apply to you. You may bring proceedings in the courts of your place of residence, and the choice of Florida law does not deprive you of the protection of the mandatory provisions of the law of your country.
• Liability. Sections 5, 19, 20 and 21 apply only to the extent permitted by your law. We are liable in accordance with statutory law for intent and gross negligence, for death or personal injury, and under mandatory product-liability rules; for ordinary negligence we are liable only for breach of essential contractual obligations and limited to the damage typically foreseeable when the contract was concluded.
• Termination. We will only close your paid account for a valid reason, and will refund any unused prepaid amount if the reason is not your breach (for subscriptions bought through Apple or Google, as described in Section 2.5).

EU consumers can also use the out-of-court dispute resolution bodies available in their country.

26. Additional Terms for Apple iOS Users

If you downloaded a Wayra app from the Apple App Store:

• These Terms are between you and GIALOVA LLC only, not with Apple Inc. ("Apple"). GIALOVA LLC, not Apple, is solely responsible for the app and its content.
• Apple's standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula) also applies to your use of the iOS app, in addition to these Terms. In-app subscriptions are sold and billed by Apple under the Apple Media Services Terms and Conditions, and refunds of them are handled by Apple (Sections 12.3 and 13.6).
• Your license to the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support services for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are GIALOVA LLC's responsibility, to the extent not disclaimed in these Terms.
• GIALOVA LLC, not Apple, is responsible for addressing any claims relating to the app or your possession or use of it, including (i) product liability claims, (ii) claims that the app fails to conform to any legal or regulatory requirement, and (iii) claims under consumer protection, privacy or similar laws.
• If a third party claims that the app or your possession and use of it infringes its intellectual property rights, GIALOVA LLC, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app should be sent to GIALOVA LLC at the address in Section 31.
• You must comply with applicable third-party terms when using the app (for example, your wireless data service agreement).
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

27. Additional Terms for Google Play Users

If you downloaded a Wayra app from Google Play, you also agree to the Google Play Terms of Service. These Terms are between you and GIALOVA LLC; Google is not responsible for the app or its content. Subscriptions bought in the Android app are processed by Google Play Billing under the Google Play Terms of Service and Google Play's policies, including its refund policies (Sections 12.4 and 13.6).

28. Termination

You may stop using the Services and delete your account at any time (Section 2.4). We may suspend or end your access as described in Section 2.5. Sections that by their nature should survive termination (including 5, 6, 8, 10.4, 17 and 19 to 25) survive it.

29. Changes to the Services and to These Terms

We may update these Terms. For material changes we will update the "Last updated" date and notify you by email or in the Services at least 30 days before they take effect, and we may ask you to accept the new version. Changes do not apply retroactively to disputes that arose before them. If you do not agree, stop using the Services and, if you are a paying subscriber, you may cancel with the refund described in Section 13.4.

30. General Provisions

• Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us about the Services.
• Severability. If a provision is found unenforceable, it is limited to the minimum extent necessary and the rest remains in effect.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You agree that notices, agreements and disclosures we send electronically satisfy any requirement that they be in writing. You can opt out of marketing messages at any time; service messages (receipts, security, changes to these Terms) will still be sent.
• Export controls and sanctions. You confirm that you are not located in a country subject to U.S. embargo and are not a restricted party, and you will comply with applicable export and sanctions laws.
• Third-party beneficiaries. Except for Apple as stated in Section 26, no third party has rights under these Terms.
• Language. These Terms are available in several languages. If there is a conflict between versions, the English version prevails, except where the law of your country requires the version in your language to prevail.

31. Contact

GIALOVA LLC, dba Wayra Racing

8128 Natures Way, Unit 17, Lakewood Ranch, FL 34202, USA

Email: info@wayraracing.com. For legal notices, use the subject "Legal Notice".