These Ground Rules are the human version of a longer legally worded T&Cs. By using TDG you agree to be bound by these Ground Rules and the underlying T&Cs on which they are based which can be accessed here [provide link?]. If you don’t agree with them, please don’t use TDG – that simple.

Your use of TDG is also subject to Apple’s terms and conditions and privacy policies, Click here: http://www.apple.com/legal/internet-services/itunes/

• I, Us, We, Our = Track Day Genius (herein known as TDG)
• The big boss = Avant Garde Associates (herein known as AGA Ltd)
• You, your = you, the owner of the smartphone

1. Age. You must be aged 16 or over to use TDG.
2. Privacy Policy. Click on the Privacy Policy tab, which details our legal and professional commitment to your data.
3. Account Details. We will not be responsible if someone else uses your smartphone. Look after your phone.
4. Your Actions On TDG. You are solely responsible for your actions on TDG and you use TDG at your own risk. TDG is not intended for use on public streets, highways, car parks or drag strips, or any other locations where governing road regulations and legislation are in force.  Click the ‘Liability’ tab for our Liability Policy, which forms part of these Ground Rules.
5. Content. You are solely responsible for what you post on TDG. Anything you post on TDG must belong to you. For each piece of content that you post, you represent and warrant that: (i) you have the right to post it; (ii) it does not infringe anyone else’s rights; (iii) your content does not include the items set out in section 12 below (prohibited activities) and (vi) it complies with these Ground Rules and applicable laws. You must not post anything about others on TDG, and any other associated social media platforms, without their prior consent.
6. Trademarks. TDG and its logo are registered trademarks of AGA Ltd.
7. Monitoring and Reporting. We may monitor your photos for inappropriate content. We do not monitor any other conduct or content on TDG but reserve the right to do so. If you see anything inappropriate, email us
8. Licence. TDG grants you a limited, non-exclusive, non-assignable, non sub-licensable licence to use TDG for your personal, non-commercial purposes. You grant TDG a perpetual, non-exclusive, royalty-free, worldwide licence, and right to copy, use, distribute and display your content on any media for the purposes of promoting the TDG app and service and you waive any “moral rights” in your content.
9. Our stuff. TDG – including its logo, designs, systems and content – belongs to us. If you try to use our stuff we may take legal action against you or anyone you have given our stuff to. Click here for our Copyright and Intellectual Property Policy, which forms part of these Ground Rules.
10. Mobile Data. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of TDG. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of TDG (including push notifications) or any such third party charges as may arise, such as roaming charges, and you accept responsibility for such charges. If you are not the bill payer for the device being used to access TDG please get their prior consent. We will ssume you have permission from the bill payer to use TDG.
11. Security. By using TDG you understand that your transmissions on it will not be completely private or secure and that any information you post on it may be intercepted by others.
12. Prohibited Activities. Be respectful towards others on TDG. Without limitation, your content must not contain:

• material or discussions about anyone under 18.
• pornography or nudity.
• anything sexually explicit, obscene or violent.
• anything that impersonates, harasses or stalks other users.
• anything abusive, threatening or offensive.
• anything false or misleading.
• anything racist, sexist, discriminatory or hateful.
• anything promoting physical or emotional harm.
• anything illegal, defamatory or libellous.
• any viruses or other harmful data, files, programs or code.
• anything which infringes anyone’s rights, including any intellectual property, proprietary or privacy rights.

13. Changes to these Ground Rules. We may make minor changes these Ground Rules at any time without notice. If we make a material change we will notify you and post the new version on TDG app and website.
14. Compliance with Laws. In using TDG you agree to comply with all applicable road laws and regulation, and track circuit regulations and code of conduct.. Click here for our Liability Policy, which forms part of these Ground Rules.
15. Events Outside Our Control. We will not be responsible for any failure to perform or delay in performing any of our obligations to you following any event beyond our reasonable control.
16. Termination. We reserve the right to suspend or delete your account, or remove your content from TDG for any reason, without notice or liability if we find you in breach of any of the T&Cs. If we do so, all rights granted to you by us will terminate and you must immediately stop using TDG.
17. Warranties and Liability. We provide TDG on an “as is” basis without guarantee or warranty of any kind including that TDG will be uninterrupted or error free or be suitable for your use. To the fullest extent permitted by law we exclude our liability for loss or damage of any kind and expressly disclaim any warranties or conditions whether express or implied. In no event shall we be liable for any indirect or consequential losses or for any loss of profits, loss of opportunity, loss of benefit or loss of data. Nothing in these Ground Rules shall exclude our liability for death or personal injury caused by our negligence or for fraud. Click here for our Liability Policy, which forms part of these Ground Rules.
18. Indemnity. You will indemnify TDG and its directors, officers, employees and agents from and against all claims in any way connected to your use of TDG and your breach of these Ground Rules.
19. Notices. You consent to receive communications from TDG electronically, including by email or by way of posts on TDG.
20. Governing Law and Jurisdiction. These Ground Rules will be governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any dispute arising under or in connection with them.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE WITH THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES, AND YOU ACCEPT ANY REVISED VERSION PROVIDED FROM TIME TO TIME.

In clicking on the “Agree” button, you are entering into a legally binding agreement with Avant Garde Associates Limited to purchase the Services and Session Data. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Terms and Conditions (herein referred to as T&Cs).

• I, Us, We, Our = Track Day Genius (herein known as TDG)
• The big boss = Avant Garde Associates Limited (herein known as AGA Ltd)
• You, your = you, the owner of the smartphone, the user of this application

1. Liability

The “Product” is a mobile application called “Track Day Genius” (herein referred to as TDG) which is strictly for use on race circuits, closed tracks and controlled environments promoting safe and considerate driving. TDG is not intended for use on public streets, highways, car parks or drag strips, or any other locations where governing road regulations and legislation are in force.

The software author, AGA Ltd, is not responsible or liable to the user(s) or related third parties for: (i) any direct loss; (ii) any loss of profits, business or anticipated savings, or loss of or corruption of data foreseeable or otherwise. Also, including any indirect, consequential, special, any personal injuries or accidents or property damage, data loss, damaged data or any other issues related or exemplary damages arising from the use of the TDG or any information contained therein, in each case, whether such loss arises in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise and even if TDG has been advised of the possibility of such loss.

While every effort is made to ensure that the content of this application is accurate, TDG issues no representations or warranties in relation to the completeness of the information found on it or within the app, or that use of the app is free of risk of viruses or other damage.
TDG is provided in good faith and intention to help, support and make motor vehicle drivers safer on a racing circuit. All information supplied is not specific, but that of a general nature to promote a safer, more enjoyable experience while on track as the device and associated software is not licensed for use of public or private roads.

Use of this mobile device and the TDG software on roads outside the controlled environments (e.g. race tracks/circuits) is at the rider’s own risk as the author (AGA Ltd) does not endorse or support any breach of the governing road regulations. Additionally, AGA Ltd is not responsible for any liabilities that might arise as a result of the use of this Product and the associated software on public and private roads or highways.

The user of this app, further agrees to discharge the AGA Ltd of the present software application from all actions, liability and claims that you have for any use of the present software application.

Users can use the application and its content at their own risk. Track Day Genius does not accept any liability, expressed or otherwise for accidents or rider errors. The use of this device and the associated software is at the user/rider’s own responsibility and they are fully accountable for the outcomes of their actions and decisions.

The software has been designed as an analysis tool and not as a real time performance enhancer. The user of this application agrees not to interact with, or look at the active software, while the vehicle is in motion on the race circuit or track!
By continuing to use this application and the Product, the user agrees to the terms and conditions set out by the software author (AGA Ltd).

2. In-app purchases (IAP)

The Track Day Genius mobile app for iOS (Apple) allows for users to purchase their data directly within the app. All in-app purchases made on the iTunes App Store are subject to Apple’s terms and conditions (iTunes Terms and Conditions).

In clicking on the “Agree” button, you are entering into a legally binding agreement with Avant Garde Associates Limited to purchase the services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.

2.1 PURCHASE AND PAYMENT

Unless otherwise agreed you will be charged for the Service from the date you are enabled to receive the Service under this Contract through the Option(s) you have chosen.
You, the user of the mobile app, must pay AGA Ltd the agreed Payments for the service Option chosen. For Direct Debit, Debit and Credit Card payments AGA Ltd will collect the amount due automatically from the consumer’s account as otherwise agreed in the selected stipulated in the purchase Contract.

2.2 PURCHASE AGREEMENT VALUE

The user shall pay the Order Value to AGA Ltd in consideration of the supply of the session data provided, in accordance with the Purchase Contract.

• Single data session is £2.49
• Group Buy is capped at £3.99

AGA Ltd shall provide a receipt of purchase and invoice upon request.

2.3 CANCELLATION

TDG endeavours to provide the user with best services; every effort is made to ensure that the content of this application and its functionalities have undergone rigorous testing. Should you find the services and quality of data to be unsatisfactory simply contact us through the website or the app

Complaints must be made within 48 hours of receiving data; failure to make complaint at the time shall constitute a waiver by the Purchaser of any rights or remedies in respect of the services.

If you, the user, rejects any of the services pursuant to these T&Cs, you are entitled (without prejudice to his other rights and remedies) either:

a) to have the session data concerned, as quickly as possible, either repaired or replaced by TDG which comply in all respects with the requirements of the Purchase Agreement; o

b) to obtain a refund from TDG in respect of the services concerned.

2.4 DISPUTE RESOLUTION

You, the user, and TDG shall attempt in good faith to settle any dispute arising out of or in connection with the purchase agreement in the first instance by mediation. The parties shall jointly appoint a mediator and the place of mediation shall be London, UK. All negotiations occurring in the course of such mediation shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings. In the event that mediation is not agreed between you, the User and TDG, or in the event that the mediation does not prove successful, the parties shall be subject to the courts of England and Wales. These T&Cs are subject to the laws of England and Wales.

3. Data protection

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice and get your consent. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
The session data is all stored locally on your mobile device, TDG do not store data that can identify you, the user.

We may ask for you to share your track session data, to allow TDG:

i) to update and develop the companies’ records and for assessment and analysis including market and service/product analysis where the user has provided their consent;

ii) to assist the companies in the provision of services/products to you; and

iii) to facilitate reviews, developments and improvements to the services/products offered to you.
AGA Ltd may inform you from time to time by e-mail about relevant news, information, services and products offered by TDG which we believe may be of interest to you and which may be of benefit to you to make your life better, easier and help you make the best use and the most enjoyable use of TDG. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you that is held by any of the companies. You are also entitled to require the rectification, erasure or blocking of any such information or data which is inaccurate or not up-to-date and held by AGA Ltd.

Please read Privacy Policy

GEO-LOCATION

TDG makes use of your smartphone’s geo-location mechanism. In order to use the mobile app, you consent to our collecting your geo-location while the mobile app is open. We do not collect your geo-location while the mobile app is closed

Discover your Genius

Avant Garde Associates (AGA) launches their first iOS mobile application, Track Day Genius (TDG) in March 2016. Designed and built to a standard, not a price.

TDG is the ultimate track day enthusiasts app, designed to harness the benefits of data-logging, vehicle profiling and video sessions into one simple iPhone app- the first of it’s kind.

With existing data loggers falling short of expectations; needing hardwiring into the vehicles, providing a mediocre user experience, contributing little to performance improvement on track circuits – Kofi Brenya (on behalf of AGA), a self-confessed petrol-head and heavy-weight UX designer, delivers the perfect solution.

TDG seamlessly masks the complexity of telemetry and heavy functionality with an intuitive visual interface – that makes this app a work of Genius.

“As a tech geek I wanted to design something that would combine vehicle profiling, video recording and data logging, all into a simple and intuitive UI, is that too much to ask…(Kofi Brenya)

As a bonus feature our Leaderboard and track Database is FREE, yeah! So, our users can broadcast their “stella on-track performance” and see their ranking at any track worldwide (our app has over 500 tracks preloaded), how cool is that?!

TDG is designed to enhance performance through learning and sharing, offering in-app purchases so the user gets to play before making the decision purchase their session data.

“You like it – you buy it!” So what is the user paying for? Continual development, we’ve done first bit, it’s only fair  ‘We + users’ do the rest together! It’s the making of a Track Genius!

So Keep Calm, Unlock your Genius – download Track Day Genius app from Apple iTunes.

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

2. Copyright notice

2.1 Copyright (c) 2016 Track Day Genius

2.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Copyright licence

3.1 You may:

(a) view pages from our website in a web browser or iOS app;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) [stream audio and video files from our website; and]

(e) [use [our website services] by means of a web browser,]

subject to the other provisions of this notice.

3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

5. Report abuse

5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2 You can let us know [by email or by using our abuse reporting form].

6. Enforcement of copyright

6.1 We take the protection of our copyright very seriously.

6.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

7. Permissions

7.1 You may request permission to use the copyright materials on our website by [writing to us by email or post, using the contact details published on our website].

All rights reserved. © 2016: Track Day Genius part of AVANT GARDE ASSOCIATES LIMITED

All contents (texts, trademarks, illustrations, photos, graphics, files, designs, arrangements and other things) are owned by AGA Ltd. Except where otherwise specified, you may view, copy and print the Contents only for your own use.

Other than as specified above, neither the TDG application nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other applications, websites or other publication, or be used to create any derivative work. No links to the TDG may be included in any other website without AGA Ltd’s prior written permission. None of the TDG’s nor any of its group companies’ trademarks may be used without prior written permission.

The Track Day Genius mobile app for iOS (Apple) allows for users to purchase their data as subscriptions directly within the app. All in-app purchases made on the iTunes App Store are subject to Apple’s terms and conditions.