SKM Track Analyzer Beta Testing Agreement

Stu Kelly Motorsports, Inc.
Effective Date: [INSERT EFFECTIVE DATE]

This SKM Track Analyzer Beta Testing Agreement ("Agreement") governs participation in the SKM Track Analyzer prerelease testing program ("Beta Program") and use of prerelease versions of SKM Track Analyzer ("Beta Software") provided by Stu Kelly Motorsports, Inc., an Indiana corporation ("SKM," "we," "us," or "our").

By enrolling in the Beta Program, completing a $0 beta checkout, downloading, installing, accessing, or using the Beta Software, you agree to the terms of this Agreement.

1. Beta Program

The Beta Software is prerelease software provided for testing, evaluation, and feedback before commercial release.

The Beta Software may contain bugs, errors, incomplete features, compatibility issues, inaccurate results, or other problems. Features may be added, changed, restricted, or removed at any time during development.

Participation in the Beta Program does not guarantee that any feature or functionality included in the Beta Software will be included in a future commercial version.

2. No Charge and No Automatic Paid Conversion

Participation in the Beta Program is provided at a price of $0.00.

The Beta Program may be administered through Shopify, Seal Subscriptions, or other account and licensing services. As a result, the Beta Program may be described as a subscription within checkout, account, or email communications.

Shopify or other service providers may require account, billing, address, or payment-method information to establish or administer beta access. However, Stu Kelly Motorsports will not charge you for participation in this Beta Program unless you separately authorize a future purchase.

Your Beta Program participation will not automatically convert into a paid subscription or paid software license.

If SKM Track Analyzer later becomes available as a paid product or subscription, you must separately purchase or subscribe to that product and agree to the applicable pricing and commercial terms.

3. Temporary and Revocable License

Subject to this Agreement, SKM grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the Beta Software solely for testing and evaluation during the Beta Program.

Beta access is temporary. SKM may establish an expiration date for your beta license and may expire, suspend, revoke, replace, or discontinue a beta license or Beta Software version when the testing period ends or as development requires.

Participation in the Beta Program does not grant you a perpetual license or ownership interest in SKM Track Analyzer.

4. Ownership

SKM Track Analyzer, including its software, user interface, graphics, branding, documentation, source code, object code, design, organization, and other proprietary materials, is owned by or licensed to Stu Kelly Motorsports, Inc. and is protected by applicable intellectual property laws.

Except for the limited beta license expressly granted in this Agreement, no ownership rights are transferred to you.

5. Restrictions

Unless expressly authorized in writing by SKM, you may not:

• Sell, sublicense, rent, lease, or commercially distribute the Beta Software.
• Provide your beta account, software license, installer, or software access to another person.
• Publicly redistribute, upload, publish, or otherwise make the Beta Software available to others.
• Copy the Beta Software except as reasonably necessary for authorized installation or backup.
• Modify, translate, adapt, or create derivative works from the Beta Software.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or internal implementation of the Beta Software, except to the extent such restriction is prohibited by applicable law.
• Bypass, disable, defeat, or interfere with licensing, authentication, access-control, or security mechanisms.
• Remove proprietary notices, copyright notices, trademarks, or required attribution.
• Use the Beta Software in violation of applicable law.

6. Prerelease and Non-Public Information

The Beta Software may contain features, functionality, interfaces, workflows, technical information, or other materials that have not yet been publicly released.

You agree not to redistribute the Beta Software or disclose non-public technical information obtained solely through participation in the Beta Program where SKM has identified such information as confidential or prerelease.

This provision does not prohibit you from discussing information SKM has already publicly disclosed, including publicly posted screenshots, feature descriptions, demonstrations, or marketing materials.

7. Feedback

You may voluntarily provide SKM with bug reports, suggestions, ideas, compatibility information, comments, screenshots, sample files, or other feedback regarding the Beta Software ("Feedback").

You grant SKM permission to use, reproduce, analyze, modify, incorporate, and otherwise use Feedback for the development, testing, support, improvement, and commercialization of SKM Track Analyzer without compensation or obligation to you.

You retain ownership of any underlying data or files you submit, subject to the permissions reasonably necessary for SKM to perform the requested testing, troubleshooting, validation, or compatibility work.

8. User-Submitted Telemetry and Compatibility Files

You may voluntarily submit telemetry logs, ECU or data-logger files, CSV files, GPS data, video files, screenshots, or other materials to SKM for troubleshooting, testing, validation, or compatibility development.

By submitting such materials, you represent that you have the right to provide them to SKM and authorize SKM to use them for those purposes.

SKM may use submitted files to investigate compatibility issues, validate decoded or converted data, reproduce bugs, improve file support, and develop or test SKM Track Analyzer.

Personal information associated with submitted materials will be handled in accordance with the Stu Kelly Motorsports Privacy Policy.

9. Motorsports and Telemetry Disclaimer

SKM Track Analyzer is an analysis and visualization tool.

Telemetry, GPS data, calculated values, timing information, lap or run comparisons, video synchronization, decoded data, and other results may contain errors or inaccuracies caused by software bugs, sensor errors, recording issues, GPS limitations, file-format differences, hardware configuration, firmware differences, or other factors.

You are responsible for independently verifying information before relying upon it for vehicle setup, tuning, repair, operation, competition, or safety-related decisions.

SKM Track Analyzer is not a substitute for professional mechanical, engineering, tuning, safety, or motorsports judgment.

Motorsports, vehicle testing, tuning, and vehicle operation involve inherent risks, including property damage, serious injury, and death.

10. Third-Party Products and Compatibility

SKM Track Analyzer may support or interact with files, data, hardware, software, cameras, electronic control units, data loggers, mapping services, or other products provided by third parties.

References to third-party company names, product names, file formats, or trademarks are for identification and compatibility purposes only.

Unless expressly stated otherwise, SKM Track Analyzer is independently developed and is not affiliated with, sponsored by, approved by, or endorsed by those third parties.

Third-party trademarks remain the property of their respective owners.

11. No Warranty

THE BETA SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR TESTING AND EVALUATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

SKM DOES NOT WARRANT THAT THE BETA SOFTWARE WILL OPERATE WITHOUT ERRORS, THAT DATA WILL BE INTERPRETED CORRECTLY IN ALL CIRCUMSTANCES, OR THAT THE BETA SOFTWARE WILL BE COMPATIBLE WITH EVERY FILE, DEVICE, HARDWARE VERSION, FIRMWARE VERSION, OR SOFTWARE VERSION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STU KELLY MOTORSPORTS, INC., ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE BETA PROGRAM OR BETA SOFTWARE, INCLUDING LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, VEHICLE DAMAGE, BUSINESS INTERRUPTION, OR COMPETITION-RELATED LOSSES.

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

13. Suspension and Termination

SKM may suspend or terminate your participation in the Beta Program or revoke your beta license if:

• The Beta Program ends.
• Your testing period expires.
• You violate this Agreement.
• You redistribute or misuse the Beta Software.
• Continued access presents a security, technical, licensing, or legal concern.
• SKM determines that a beta build should be withdrawn, replaced, or discontinued.

Upon termination or expiration, your authorization to use the Beta Software ends.

14. Privacy

Information collected in connection with the Beta Program and SKM Track Analyzer is handled in accordance with the Stu Kelly Motorsports Privacy Policy .

15. Changes to the Beta Program

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

Materially updated terms may be presented to participants for acceptance where appropriate.

16. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to conflict-of-law principles.

Any dispute arising from or relating to this Agreement shall be brought in a court of competent jurisdiction located in Indiana, except where applicable law requires otherwise.

17. Entire Agreement

This Agreement, together with the applicable Privacy Policy and any additional written terms presented in connection with the Beta Program, constitutes the agreement between you and SKM concerning participation in the Beta Program.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

18. Contact

Questions regarding this Agreement may be directed to:

Stu Kelly Motorsports, Inc.
6760 East County Road 100 South
Avon, Indiana 46123
info@stukellymotorsports.com
317-614-5257