Customer Terms of Service

1. Authority and Provision of Services

You represent and warrant that you have the legal authority to bind your organization to this Agreement. Subject to your compliance with this Agreement and payment of applicable fees, Aspect Innovations grants the Customer a non-exclusive, non-transferable, worldwide right to access and use WheelTune for internal business operations.

Hardware and Distributors: WheelTune software interfaces with physical hardware often provided by third-party authorized distributors. This Agreement covers the software platform only. Hardware warranties, maintenance, and physical liabilities are governed by your separate agreements with your hardware distributor.

2. Customer Responsibilities & Regulatory Compliance

The Customer is solely responsible for administering user access within their WheelTune workspace and ensuring that all authorized users comply with the WheelTune End User Terms of Service.

3. Data Ownership and Telemetry

Customer Data: The Customer retains all rights, title, and interest in and to the telemetry data generated by their hardware and processed by WheelTune ("Customer Data").

License to Aspect Innovations: The Customer grants Aspect Innovations a secure, worldwide, royalty-free license to host, process, and display Customer Data solely to provide the services. Aspect Innovations may also anonymize and aggregate telemetry data to improve algorithms, system performance, and baseline calibrations across the platform, provided such data cannot be linked back to the Customer.

4. Fees and Payment

The Customer will pay all fees specified in their selected subscription tier or custom order form. Fees are non-refundable except as explicitly stated otherwise. If payment is not received by the due date, Aspect Innovations reserves the right to suspend the Customer's access to the platform until all undisputed amounts are paid in full.

5. Limitation of Liability and Indemnification

Advisory Nature: WheelTune provides data analytics based on hardware inputs. Aspect Innovations is not liable for any financial losses, advantage play, voided bets, or regulatory fines incurred by the Customer resulting from miscalibrated hardware, ignored telemetry warnings, or software inaccuracies.

Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASPECT INNOVATIONS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT.

6. Term and Termination

This Agreement commences on the date you accept it and continues until all user subscriptions have expired or been terminated. Either party may terminate this Agreement for cause if the other party breaches a material term and fails to cure the breach within thirty (30) days of written notice. Upon termination, the Customer's right to access the platform will immediately cease.