Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the Hyprace mobile application for iOS and Android (the "App") and any related services, content, and features provided through it (together, the "Service").
The App is currently published and operated under the name "Hyprace" ("Hyprace", "we", "us", or "our") by an individual publisher established in France, on a non-professional basis, pending the formation of a French société par actions simplifiée (SAS) intended to take over its publication and operation. Once that company is registered, this section and the contact details in Section 22 will be updated to identify it (legal name, RCS number, and registered office). The publisher's full identification, together with the hosting provider's details, is set out in the App's legal notice (mentions légales) as required by applicable law.
By downloading, installing, accessing, or using the App, you ("you", "your", or the "User") agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the App.
1. Definitions
- "App" means the Hyprace application for iOS and Android, including all updates, upgrades, and new versions.
- "Content" means all data, text, statistics, schedules, results, graphics, logos, and other materials made available through the Service.
- "App Store" means Apple's App Store and/or Google Play, as applicable to your device.
- "Device" means the mobile phone, tablet, or other compatible device on which the App is installed.
2. Acceptance of the Terms
By using the App, you confirm that you have read, understood, and accepted these Terms, as well as our Privacy Policy (see Section 11), which is incorporated by reference. We may ask you to acknowledge these Terms again following material changes (see Section 17).
3. Eligibility
The App is intended for users aged 13 and over. If you are under the age of digital consent in your country of residence (for example, 15 in France), you may use the App only with the consent and under the supervision of a parent or legal guardian, who accepts these Terms on your behalf and remains responsible for your use of the App.
We do not knowingly collect personal data from children in violation of applicable law. The processing of personal data is described in our Privacy Policy (see Section 11).
4. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on a Device that you own or control, solely for your personal, non-commercial use.
This license does not allow you to, and you agree not to:
- copy, modify, adapt, translate, reverse-engineer, decompile, or disassemble the App or any part of it, except to the extent permitted by mandatory applicable law;
- rent, lease, lend, sell, sublicense, distribute, or otherwise make the App available to any third party;
- remove, alter, or obscure any proprietary notices (including copyright or trademark notices);
- use the App in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
All rights not expressly granted to you are reserved by us and our licensors.
5. Description of the Service
The App provides motorsport-related information, including but not limited to event schedules, session times, results, standings, and related statistics and content (the "Motorsport Information"), together with optional push notifications.
The Service is provided for informational and entertainment purposes only. The App is currently offered free of charge and does not require the creation of a user account. We may, at our sole discretion and at any time, introduce account-based features, paid features, subscriptions, in-app purchases, or advertising. If and when we do, the applicable additional terms, pricing, and billing conditions will be clearly presented to you before any purchase, and we will update these Terms accordingly.
We do not guarantee that the Motorsport Information is accurate, complete, current, or error-free. The Motorsport Information may be delayed, incomplete, or subject to change, and should not be relied upon for any betting, wagering, financial, or other decision-making.
6. Push Notifications
The App may send push notifications to your Device (for example, to inform you of session times or results). You can enable or disable push notifications at any time through your Device settings or, where available, within the App. Notification delivery depends on third-party services (such as Apple Push Notification service and Firebase Cloud Messaging) and on network conditions, and we do not guarantee that any notification will be delivered or delivered on time.
7. Acceptable Use
You agree to use the App only for its intended purpose and in compliance with all applicable laws and regulations. You agree not to:
- interfere with or disrupt the integrity, security, or performance of the App or its underlying infrastructure;
- attempt to gain unauthorized access to the App, its servers, or any associated systems or networks;
- use any automated means (such as bots, scrapers, or crawlers) to access, monitor, or copy the App or its Content without our prior written consent;
- use the App in any manner that could damage, disable, overburden, or impair it.
8. Intellectual Property
The App, its source code, design, user interface, "Hyprace" name and logo, and all associated Content that we create or own, are and remain the exclusive property of Hyprace and/or its licensors, and are protected by French and international intellectual property laws.
Nothing in these Terms transfers any intellectual property rights to you. Use of the App does not grant you any ownership of or rights in the App or its Content beyond the limited license set out in Section 4.
9. Third-Party Content and Non-Affiliation Disclaimer
The Motorsport Information may include data, names, statistics, and references relating to motorsport championships, teams, drivers, circuits, and events.
Hyprace is an independent application and is not affiliated with, endorsed by, sponsored by, or otherwise associated with the Fédération Internationale de l'Automobile (FIA), Formula One Group, Formula One World Championship Limited, Formula Motorsport Limited, or any of their affiliates, nor with any motorsport team, driver, sponsor, broadcaster, or governing body.
All trademarks, trade names, team names, driver names, logos, and other identifiers referenced in the App are the property of their respective owners. Their use within the App is for identification and informational purposes only and does not imply any affiliation, endorsement, or partnership. Where data originates from third-party sources, such data remains the property of the relevant rights holders.
Motorsport data, statistics, schedules, results, and related content available in the App may originate from proprietary, public, or third-party sources lawfully accessed by Hyprace. All rights relating to such content remain with their respective owners. While we strive to ensure accuracy and freshness, delays, inaccuracies, or interruptions may occur.
If you are a rights holder and believe that any Content infringes your rights, please contact us at the address in Section 22.
10. Third-Party Services
The App relies on third-party services and platforms to operate, which may include, without limitation, Apple, Google, Firebase, and cloud hosting and content-delivery providers. Your use of those services may be subject to their own terms and policies. We are not responsible for the availability, accuracy, or practices of any third-party service, and the inclusion of any third-party service does not imply our endorsement of it.
11. Privacy and Data Protection
We process personal data in accordance with the EU General Data Protection Regulation (GDPR), the French Loi Informatique et Libertés, and our Privacy Policy. The Privacy Policy explains what data we collect (for example, technical, diagnostic, and analytics data, and push-notification identifiers), why we collect it, how long we keep it, and your rights.
By using the App, you acknowledge that you have read the Privacy Policy.
12. App Store Terms (Apple and Google)
The App is made available through the Apple App Store and Google Play. Your use is also subject to the applicable App Store's terms of service. The following provisions apply specifically to the Apple App Store, and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them:
- Relationship. These Terms are concluded between you and Hyprace only, and not with Apple. Hyprace, not Apple, is solely responsible for the App and its content.
- Scope of license. The license granted to you in Section 4 is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions.
- Maintenance and support. Hyprace is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
- Warranty. Hyprace is solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price paid for the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Product claims. Hyprace, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar legislation.
- Intellectual property. In the event of any third-party claim that the App or your use of it infringes that party's intellectual property rights, Hyprace, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant 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.
- Developer contact. Questions, complaints, or claims regarding the App should be directed to Hyprace at the contact details in Section 22.
For the App as distributed via Google Play, your use is additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App and the Service are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the App will be uninterrupted, secure, timely, or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components.
Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under mandatory applicable law, including the statutory rights of consumers.
14. Limitation of Liability
To the maximum extent permitted by applicable law, and except in cases of gross negligence, willful misconduct, death, or personal injury caused by our negligence, Hyprace shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the App or the Service.
Because the App is provided free of charge, our aggregate liability to you for all claims arising out of or relating to the App or these Terms shall be limited to the maximum extent permitted by applicable law.
Nothing in these Terms affects the mandatory statutory rights of consumers under French or EU law.
15. Indemnification
You agree to indemnify and hold harmless Hyprace and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms or your misuse of the App, to the extent permitted by applicable law.
Nothing in this section affects the mandatory statutory rights of consumers under French or EU law. Where you act as a consumer, you are only liable for damage that results from your own fault.
16. Availability, Updates, and Changes to the App
We may modify, suspend, or discontinue all or part of the App or the Service at any time, with or without notice, including the introduction or removal of features. We may release updates to the App, and your continued use may require you to download and install them. We are not liable for any unavailability of the App or for any modification or discontinuation of any feature.
Certain features may be offered as beta, preview, or experimental features. Such features may be incomplete or unstable and may be modified, suspended, or removed at any time without prior notice.
17. Changes to These Terms
We may amend these Terms from time to time, in particular to reflect changes in the App, the law, or our practices (for example, when introducing paid features or user accounts). The updated Terms will be made available within the App and/or on our website, with the "Last updated" date revised accordingly. Material changes will be notified to you by appropriate means. Your continued use of the App after the changes take effect constitutes your acceptance of the amended Terms.
18. Termination
You may stop using the App and uninstall it at any time. We may suspend or terminate your access to the App, in whole or in part, if you breach these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 8, 9, 13, 14, 15, 19, and 20) will continue to apply.
19. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of France, without regard to conflict-of-laws rules.
Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the competent French courts. Where you are a consumer, this does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, and you may also bring proceedings in the courts of that country.
Before bringing any dispute before the courts, we encourage you to contact us first at contact@hyprace.com so that we can try to resolve the matter amicably. Once the App is operated on a professional basis, a consumer mediator (médiateur de la consommation) will be designated in accordance with French law and its details will be added here.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hyprace regarding the App and supersede any prior agreements or understandings relating to its subject matter.
22. Contact
If you have any questions about these Terms or the App, you may contact us at:
Hyprace
Email: contact@hyprace.com
Website: hyprace.com
The publisher's full legal identification and the hosting provider's details are available in the App's legal notice (mentions légales).