pace-ly.com· Legal

Legal · contract

Terms of Service

Version 0000-00-00.0Effective not yet publishedOperator pending registration
DRAFT — not yet legally binding. This text is a working draft pending review by a Swedish/EU SaaS lawyer and registration of the operating entity. It does not constitute an active agreement. Fields shown as pending registration will be filled in once the operating entity is registered with Skatteverket.

1. Who you are contracting with

The Pace-ly service at pace-ly.com (the “Service”) is operated by pending registration, a Swedish enskild firma registered at pending registration, pending registration pending registration, Sweden (org.nr pending registration, VAT pending registration). Contact: support@pace-ly.com. In these Terms “we”, “us” and “Pace-ly” refer to that operator. “You” means the natural or legal person accepting these Terms.

2. What the Service does — and does not — do

Pace-ly is an advisory tool for sim-racing in the iRacing simulator. It records telemetry data you provide, accepts your natural-language feedback, and returns suggested setup changes and driving observations generated by a third-party large-language model (Anthropic Claude). Pace-ly does not:

  • Guarantee accuracy, completeness or fitness of any recommendation for any purpose.
  • Operate as a safety system, coaching credential, or licensed engineering service.
  • Replace your judgment as the driver. You remain solely responsible for what you do with any output of the Service.
  • Apply to real-world driving. The Service is for use with the iRacing simulator only. See the Disclaimers page.

3. Eligibility

You must be at least 18 years old and able to enter into a binding contract under the laws of your residence. By using the Service you represent that you meet these requirements. Accounts believed to belong to minors will be suspended.

4. Account, security and acceptable use

Access requires authentication via Discord OAuth. You are responsible for activity under your account and for keeping your Discord credentials secure. Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference. We may suspend or terminate access for AUP violations without refund beyond mandatory statutory consumer rights.

5. Subscriptions, billing and right of withdrawal

Paid features (“Pace-ly Pro”) are billed by Stripe on a recurring monthly basis at the rate displayed at checkout. You can cancel at any time via the customer portal; cancellation takes effect at the end of the current billing period.

14-day right of withdrawal (EU consumers). Under Directive 2011/83/EU you have 14 days from subscription start to withdraw and receive a full refund. Because the Service starts delivering immediately, you are asked at checkout to explicitly waive this right for the portion already consumed; if you do not waive, you retain the full withdrawal right. Our full refund terms are at /refunds.

Prices may change with at least 30 days’ notice; changes take effect at the next renewal. Failed payments may result in suspension of Pro features after the Stripe dunning period.

6. AI output — assumption of risk

Recommendations are produced by an AI model and may be incorrect, incomplete, unsafe to act on, or inconsistent with your specific car, track, conditions or driving style. You accept that:

  • Outputs are advisory only and not engineering advice.
  • You will inspect, sanity-check and take responsibility for any setup change before applying it, even in the simulator.
  • You will not rely on Pace-ly output for any real-world vehicle, real-world driving decision, or any context outside the iRacing simulator.
  • You bear the risk of any consequences of acting on Pace-ly output.

The full set of disclaimers — including the simulator-only restriction — is set out on the Disclaimers page and forms part of these Terms.

7. Your content and telemetry

You retain ownership of telemetry, setups, chat messages and other content you upload or generate through the Service (“Your Content”). You grant Pace-ly a worldwide, non-exclusive, royalty-free licence to host, process, transmit, analyse and display Your Content for the purpose of providing the Service to you, including transmission to sub-processors (Anthropic, Cloudflare, Stripe — see /subprocessors). You warrant that you have the right to upload Your Content and that uploading it does not violate any third party’s rights — including the rights of other drivers whose telemetry you may possess.

8. Our intellectual property

The Service, including all software, UI, branding, documentation, and AI prompts and system messages, is owned by Pace-ly and protected by applicable IP laws. You receive a limited, revocable, non-transferable, non-sublicensable licence to use the Service for your personal sim-racing purposes only. You may not (a) resell access to the Service, (b) extract or attempt to extract the underlying AI prompts, model weights or training data, (c) use Service output to train a competing AI model, or (d) reverse-engineer, decompile or scrape any part of the Service except as expressly permitted by mandatory law.

9. Privacy

Our processing of your personal data is described in the Privacy Policy, which is incorporated into these Terms.

10. Warranty disclaimer

To the maximum extent permitted by applicable law, the Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. Pace-ly is in early access; features may change or be discontinued at any time. Nothing in this section limits rights that mandatory consumer-protection law grants you in your country of residence.

11. Limitation of liability

To the maximum extent permitted by applicable law:

  • Pace-ly is not liable for indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, lost revenue, lost opportunity, loss of goodwill, or loss or corruption of data, even if advised of the possibility.
  • Pace-ly’s total aggregate liability for all claims arising out of or related to the Service, in any 12-month period, is capped at the greater of (a) the amount you actually paid Pace-ly for the Service in that period, or (b) EUR 50.
  • For free-tier users who have paid nothing, the cap in (a) is zero; the EUR 50 floor in (b) still applies for any liability that mandatory consumer-protection law prevents us from disclaiming entirely.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited — including liability for death or personal injury caused by gross negligence or intent (grov vårdslöshet / uppsåt), liability under the Swedish Product Liability Act for defective products, or rights granted to consumers under mandatory Swedish or EU consumer-protection law.

12. Indemnification

You agree to defend, indemnify and hold harmless Pace-ly from and against any claim, demand, loss, liability, damage, fine or expense (including reasonable legal fees) arising out of (a) Your Content, (b) your use of the Service in breach of these Terms or the AUP, (c) your use of Service output in any real-world context, (d) your upload of telemetry or other data you did not have the right to upload, or (e) your violation of any law or third-party right. This section is enforceable to the maximum extent permitted by applicable law; it does not apply to consumers to the extent prohibited by mandatory consumer-protection law.

13. Beta and changes to the Service

The Service is currently in early access. We may modify, suspend or discontinue features, add or remove integrations, and adjust quotas with reasonable notice. We will give at least 30 days’ notice before a material change that adversely affects paid users mid-billing-period.

14. Term and termination

These Terms apply from the moment you first accept them and continue until terminated. You may terminate at any time by closing your account or cancelling your subscription. We may terminate or suspend your access immediately for material breach of these Terms or the AUP, for non-payment, or if required by law. On termination, sections that by their nature should survive (IP, disclaimers, limitation of liability, indemnification, governing law) will survive.

15. Force majeure

Pace-ly is not liable for any failure or delay in performance caused by events beyond its reasonable control, including outages of third-party providers (Cloudflare, Anthropic, Stripe, Discord, iRacing), internet failures, natural disasters, war, civil unrest, governmental action, or pandemics.

16. Governing law and dispute resolution

These Terms are governed by Swedish law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

For business users (B2B), any dispute will be brought exclusively before Stockholms tingsrätt as the court of first instance.

For consumers (B2C), you retain the right to bring proceedings in the courts of your country of residence under Regulation (EU) No 1215/2012 (Brussels I bis), and you may refer disputes to Allmänna reklamationsnämnden (ARN), arn.se. The European Commission’s online dispute resolution platform is available at ec.europa.eu/consumers/odr.

17. Class-action waiver (where enforceable)

To the maximum extent permitted by applicable law, you and Pace-ly each waive any right to participate in a class or representative action against the other. This section does not apply where it is not enforceable, including in respect of mandatory consumer rights.

18. Limitation period

Any claim by a B2B user against Pace-ly must be brought within 12 months of the event giving rise to the claim, or it is permanently barred. Consumers retain the statutory limitation period under applicable law (in Sweden: three years under the Preskriptionslag).

19. Changes to these Terms

We may update these Terms from time to time. The current version and its date are shown at the top of this page. For material changes, we will give at least 30 days’ notice via email or in-product banner and may require renewed acceptance before continued use. Continued use after the effective date constitutes acceptance.

20. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy, AUP, Disclaimers, Refund Policy and Sub-processor list, are the entire agreement between you and Pace-ly regarding the Service.
  • Severability. If any provision is held unenforceable, the rest remain in effect and the unenforceable provision will be modified only to the minimum extent necessary.
  • No waiver. Failure to enforce a provision is not a waiver of it.
  • Assignment. You may not assign these Terms. We may assign them to a successor in a merger, acquisition or asset sale.
  • No third-party beneficiaries. These Terms do not create rights for any party other than you and Pace-ly.
  • Notices. We may give you notice by email or in-product banner. You may give us notice at support@pace-ly.com.