Terms of Service

1. Agreement to Terms

By accessing or using the ApexTracker website ("Website") and mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or App.

ApexTracker ("we," "us," or "our") reserves the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our Website. Your continued use of the Website or App after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Service

ApexTracker provides a mobile application and website designed for motorcycle riders to track rides, navigate routes, manage motorcycle maintenance, and analyze riding performance. The service includes, but is not limited to:

• GPS navigation and route planning
• Ride tracking and analysis
• Maintenance scheduling and tracking
• Performance metrics and analytics
• Insurance-related safety dashboards

The App is built for iOS 26 and is compatible with iOS devices running iOS 18.0 or later.

3. Eligibility

You must be at least 13 years of age to use ApexTracker. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use ApexTracker with the consent of a parent or legal guardian.

By using ApexTracker, you represent and warrant that:

• You meet the age requirements stated above
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws and regulations

4. Account Registration and Security

4.1 Account Creation

While some features of the Website may be accessible without an account, full use of the App may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity

5. User Content and Data

5.1 Your Content

You retain all ownership rights to the content you create, upload, or share through ApexTracker, including:

• Ride data and routes
• Photos and videos
• Motorcycle information
• Maintenance records

By using ApexTracker, you grant us a limited, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving our services.

5.2 Data Storage

ApexTracker stores your data locally on your device. We do not sync your personal riding data to cloud servers unless you explicitly enable optional cloud backup features (if and when available).

5.3 Prohibited Content

You may not upload, share, or transmit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Violates any applicable laws or regulations

6. Beta Program

6.1 Beta Access

If you participate in our beta program, you acknowledge that:

• The App is in a testing phase and may contain bugs or errors
• Features are subject to change or removal without notice
• Beta versions may be unstable and could result in data loss
• Your feedback and bug reports help us improve the App

6.2 Confidentiality

Beta participants agree not to disclose confidential information about unreleased features, performance, or functionality without our prior written consent.

7. Subscription and Payment Terms

7.1 Free Services

ApexTracker currently offers its services free of charge during the beta period. We reserve the right to introduce paid features or subscription plans in the future.

7.2 Future Paid Services

If we introduce paid services:

• We will provide clear notice of pricing and features
• Subscription fees will be billed in advance on a recurring basis
• You may cancel your subscription at any time
• Refunds will be provided in accordance with our refund policy (to be published)
• Prices are subject to change with reasonable notice

8. Intellectual Property Rights

8.1 Our Intellectual Property

The ApexTracker Website, App, and all related content, features, and functionality are owned by ApexTracker and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, distribute, or create derivative works of our App or Website
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or brand elements without written permission

9. SMS/Text Messaging Program

ApexTracker offers an optional SMS crash-alert program. By enabling SMS crash alerts in the App, you agree to the following terms, which supplement these Terms of Service. Full opt-in details are published at apextracker.app/sms-opt-in.

9.1 Consent

Enrollment is optional and is collected in the App during onboarding through a checkbox that is unchecked by default. Consent to receive automated SMS text messages is voluntary, is not a condition of using the App, and is kept separate from your acceptance of these Terms and our Privacy Policy. You may decline and still use the App.

9.2 Messages You Will Receive

If you opt in, ApexTracker sends automated crash-detection safety alerts to you and to the emergency contacts you designate when the App detects a possible crash during a ride. Each emergency contact you add receives a one-time confirmation text and must reply YES before any alerts are sent to them.

9.3 Frequency and Cost

Message frequency varies and is event-driven (messages are sent only when a possible crash is detected or to confirm a new emergency contact). Message and data rates may apply according to your mobile carrier plan. ApexTracker does not charge for these messages.

9.4 Opt-Out and Help

You can opt out at any time by replying STOP to any message; you will receive a single confirmation and no further messages. Reply HELP for help, or email support@apextracker.app. You can also disable crash detection at any time in the App's Settings tab. Carriers are not liable for delayed or undelivered messages.

9.5 Privacy of Opt-In Data

Opt-in data and consent will not be shared with, sold to, rented to, or transferred to any third parties or affiliates for their marketing purposes, and SMS consent is not transferred to any other party. Phone numbers and consent records are used solely to deliver ApexTracker crash-detection alerts. See our Privacy Policy for details.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

APEXTRACK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The App or Website will be uninterrupted, secure, or error-free
• The results obtained from using the service will be accurate or reliable
• Any defects or errors will be corrected

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEXTRACK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage resulting from your use of the service
• Any damages arising from unauthorized access to your data

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless ApexTracker and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App or Website
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at hello@onemoretab.software to attempt to resolve the dispute informally.

12.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or your use of ApexTracker that cannot be resolved informally shall be resolved through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• Either party may seek injunctive or equitable relief in court

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. Termination

17.1 Termination by You

You may terminate your use of ApexTracker at any time by:

• Uninstalling the App from your device
• Ceasing to access the Website
• Requesting account deletion at hello@onemoretab.software

17.2 Termination by Us

We may suspend or terminate your access to ApexTracker immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Behavior that harms other users or our reputation
• Extended periods of inactivity
• Discontinuation of the service

23. Contact Information

If you have any questions about these Terms, please contact us:

25. Acknowledgment

BY USING APEXTRACK, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR APP.

Document Version 1.0 · Effective November 11, 2025 · Last reviewed November 11, 2025