BETA TESTING AGREEMENT

Stu Kelly Motorsports, Inc.
Effective Date: October 26, 2026

This Beta Testing Agreement (“Agreement”) governs your access to and use of prerelease software, applications, features, services, data formats, and related materials made available by Stu Kelly Motorsports, Inc. (“SKM,” “we,” “us,” or “our”) as part of a private or public beta testing program (collectively, the “Beta Software”).

The Beta Software may include desktop data-analysis software, mobile recording applications, GPS and telemetry tools, video-related features, .rundata session packages, test builds, updates, documentation, and related prerelease functionality.

By checking the box indicating your agreement, obtaining beta access, downloading, installing, or using the Beta Software, you agree to this Agreement.

1. BETA PURPOSE

The Beta Software is being provided for testing, evaluation, development, and feedback purposes.

The Beta Software is prerelease software and may:

• contain bugs or incomplete features;
• produce inaccurate or incomplete results;
• change substantially between versions;
• lose, corrupt, or incorrectly interpret data;
• become temporarily unavailable; or
• have features added, modified, disabled, or removed without notice.

You should not rely on the Beta Software as your sole source of critical information.

2. BETA ACCESS AND COST

Beta access is currently provided at $0 unless otherwise expressly stated.

Participation in the beta:

• does not create a paid subscription;
• does not automatically convert into a paid subscription;
• does not obligate you to purchase any future product; and
• does not guarantee access to a future commercial version.

If SKM later offers a paid version, you will be required to make a separate affirmative purchase or subscription decision before being charged.

Beta access may be limited in duration and may expire or be revoked at any time.

3. LICENSE TO USE THE BETA SOFTWARE

Subject to this Agreement, SKM grants you a limited, temporary, revocable, non-exclusive, non-transferable license to install and use the Beta Software for legitimate testing, evaluation, motorsports analysis, and related personal or business purposes authorized by SKM.

The Beta Software is licensed, not sold.

Except where applicable law expressly permits otherwise, you may not:

• copy or redistribute the Beta Software to unauthorized users;
• sell, sublicense, rent, lease, or commercially redistribute beta access;
• bypass authentication, licensing, subscription, or access-control mechanisms;
• modify the Beta Software for the purpose of defeating security or licensing controls;
• use the Beta Software to gain unauthorized access to another system, service, account, or device; or
• represent yourself as an authorized reseller, partner, or representative of SKM without written permission.

Nothing in this Agreement restricts rights that cannot lawfully be restricted under applicable law.

4. OWNERSHIP

SKM retains all right, title, and interest in the Beta Software, including SKM-created software code, interfaces, designs, documentation, data formats, branding, improvements, and related intellectual property.

This Agreement does not transfer ownership of the Beta Software to you.

You retain ownership of files, videos, telemetry, GPS information, track layouts, and other content that you create or lawfully provide to the Beta Software.

Third-party software, trademarks, services, and data remain the property of their respective owners and may be subject to separate license terms.

5. USER DATA AND LOCAL FILE PROCESSING

The Beta Software may process motorsports-related information including:

• telemetry;
• GPS coordinates and location information;
• speed, altitude, bearing, timing, and sensor information;
• CSV data logs;
• compatible video files;
• .rundata session packages;
• track layouts and course information;
• user-created files and exports; and
• related technical metadata.

Where functionality is designed for local processing, opening or analyzing a file does not by itself authorize SKM to collect or retain that file.

Certain online functionality may require communication with third-party services, including authentication, licensing, map, or optional hardware-integration providers.

Our handling of personal information is further described in the SKM Privacy Policy.

6. MOBILE RECORDING AND .RUNDATA SESSIONS

Certain Beta Software may allow a mobile device to record GPS information, telemetry, video, audio, or related session information and package that information into a .rundata file.

Depending on the recording settings you select, a .rundata package or associated recording may contain:

• precise geographic location;
• date and time information;
• vehicle speed and movement;
• video;
• audio;
• device information; and
• other session metadata.

You are responsible for selecting appropriate recording settings and for complying with applicable laws, track rules, event rules, and consent requirements when recording video, audio, or location information.

SKM does not automatically acquire ownership of your recordings or session files.

7. FILES VOLUNTARILY SUBMITTED TO SKM

If you voluntarily provide SKM with a telemetry log, CSV, .rundata package, video, GPS recording, diagnostic file, screenshot, or other data for support, testing, compatibility development, troubleshooting, or analysis, you authorize SKM to access, reproduce, process, and analyze that material for the purpose for which you submitted it.

You represent that you have the right to provide the submitted material to SKM.

SKM may request permission to retain certain submitted files for continued compatibility testing or product development. Where appropriate, longer-term retention may be handled separately from an ordinary support request.

Do not submit information that you do not have the right to provide.

8. FEEDBACK

You may provide SKM with comments, bug reports, feature suggestions, test results, ideas, or other feedback regarding the Beta Software (“Feedback”).

You agree that SKM may use, reproduce, modify, incorporate, commercialize, and otherwise use Feedback to develop or improve its products and services without payment or obligation to you.

This does not transfer ownership of your underlying telemetry, videos, recordings, or other user-created content to SKM.

9. MOTORSPORTS AND SAFETY DISCLAIMER

The Beta Software is intended as an analysis and recording tool. It is not a safety system and should not be relied upon to make real-time safety-critical decisions.

Motorsports activities involve significant risks, including property damage, serious injury, and death.

You are solely responsible for:

• operating vehicles safely;
• following track, event, sanctioning-body, and governmental rules;
• maintaining control of your vehicle;
• verifying the accuracy of any information before relying upon it; and
• ensuring that use of a phone, computer, camera, GPS receiver, or other device does not distract from safe vehicle operation.

The Beta Software should not be configured, reviewed, or manipulated by a driver while doing so would interfere with safe operation of a vehicle.

10. DATA ACCURACY

Telemetry, GPS, speed, timing, calculated channels, synchronization, lap detection, sectors, maps, video alignment, and other results may be affected by:

• GPS accuracy;
• device sampling rate;
• sensor accuracy;
• source-file quality;
• missing or corrupted data;
• clock differences;
• recording interruptions;
• parser or import limitations; or
• software defects.

Beta results should be independently verified before being used for important engineering, mechanical, competition, or safety decisions.

11. THIRD-PARTY PRODUCTS AND COMPATIBILITY

The Beta Software may support files or devices associated with third-party manufacturers and services.

References to third-party product names are intended to describe compatibility or interoperability.

Unless expressly stated otherwise, SKM and the Beta Software are independent and are not affiliated with, sponsored by, endorsed by, or approved by those third-party manufacturers or service providers.

Third-party trademarks belong to their respective owners.

Compatibility may change if a third party modifies its hardware, software, data format, service, API, or policies.

12. PRERELEASE CHANGES AND UPDATES

SKM may release updated beta versions at any time.

Updates may:

• alter existing functionality;
• add or remove features;
• change supported data formats;
• modify compatibility;
• require reauthentication;
• replace previously distributed builds; or
• make older beta versions unsupported.

SKM may require installation of a newer beta version as a condition of continued access.

13. SUSPENSION OR TERMINATION OF BETA ACCESS

SKM may suspend, revoke, or terminate beta access if necessary for:

• completion or termination of the beta program;
• security;
• abuse prevention;
• licensing administration;
• violations of this Agreement;
• technical or legal concerns; or
• product-development reasons.

Upon termination of access, your license to continue using the Beta Software ends.

Termination of the Beta Software license does not transfer ownership of user-created files to SKM.

14. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SKM DOES NOT WARRANT THAT THE BETA SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, ACCURATE, SECURE, COMPATIBLE WITH EVERY DEVICE OR FILE, OR SUITABLE FOR ANY PARTICULAR COMPETITION, VEHICLE, ENGINEERING, SAFETY, OR COMMERCIAL PURPOSE.

Because this is prerelease software, you should maintain independent copies of important data.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE BETA SOFTWARE, INCLUDING LOSS OF DATA, LOST PROFITS, LOST COMPETITION OPPORTUNITIES, VEHICLE DAMAGE, BUSINESS INTERRUPTION, OR LOSS RESULTING FROM RELIANCE ON BETA SOFTWARE OUTPUT.

Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited.

16. PRIVACY

Use of the Beta Software is subject to the current Stu Kelly Motorsports Privacy Policy.

The Privacy Policy describes, among other things, how SKM handles account information, licensing information, diagnostic records, software-related information, voluntarily submitted files, and information processed through third-party services.

17. CHANGES TO THIS AGREEMENT

Because the Beta Software is under active development, SKM may update this Agreement from time to time.

Material changes may be presented to you for renewed acceptance when appropriate.

The effective date displayed at the top of the Agreement identifies the current version.

18. GOVERNING LAW

This Agreement is governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where applicable law requires otherwise.

19. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy and any additional terms expressly presented for a particular beta feature or service, constitutes the agreement between you and SKM regarding participation in the beta program.

If any provision of this Agreement is determined to be unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

20. CONTACT

Questions regarding the beta program or this Agreement may be directed to:

Stu Kelly Motorsports, Inc.
Email: info@stukellymotorsports.com