ACCELX legal terms

1. Overview and acceptance

By accessing the website, registering for beta access, creating an account, purchasing a subscription, downloading or using the software, or continuing to use the service after being notified of updated terms, you agree to these terms. If you do not agree, you must not use the service.

References to ACCELX, TESSIE, we, us or our mean the operator of the ACCELX/TESSIE software and related website. References to you or customer mean the person who accesses or uses the service, or the person or entity on whose behalf the service is used.

If you use the service for a company, team, organisation or other person, you represent that you have authority to bind that person or entity. If you are under 18, you must have permission from a parent or legal guardian and they are responsible for your use of the service and any payments made.

2. The service

The consumer ACCELX/TESSIE service is software for individual sim racers and drivers. It may include AI race engineering, telemetry review, driver coaching presentations, setup generation, graphing, track map overlays, account access, learning material, automated debriefs, downloadable software, beta features and support.

The consumer subscription is separate from any professional team session, bespoke engineering project, consulting service or enterprise arrangement. Unless expressly stated in writing, a consumer subscription does not include professional motorsport engineering advice, bespoke race-team analysis, custom integrations, guaranteed performance outcomes, or team/commercial usage rights.

The service depends on third-party platforms and systems, including racing simulators, operating systems, payment processors, hosting providers, email providers, AI infrastructure and internet connectivity. We do not control third-party platform changes and may need to adjust, suspend or remove features to maintain security, stability or compliance.

3. Accounts, login and device limits

You are responsible for keeping your login details secure. You must provide accurate account information, keep your email address current, and notify us if you believe your account has been compromised.

Unless a plan states otherwise, the consumer plan is for one user and one active device. Device limits help prevent credential sharing, abuse and unauthorised redistribution. We may use device identifiers, session tokens and payment status to enforce account access and security.

You must not share your account, sell access, allow another person to use your paid seat, bypass device controls, use another customer’s credentials, or use automated tools to evade access limits. If we detect suspicious access, credential sharing, cracking, fraud, chargeback abuse, unusual device churn or other misuse, we may temporarily restrict access while the issue is reviewed.

Three-day trial accounts are limited to the advertised trial window and message allowance. The trial begins when the account is activated. We may restrict repeated trials, support priority, device changes, or trial availability where reasonably required to prevent abuse or protect service capacity.

4. Subscriptions, billing, invoices and renewals

TESSIE Driver Beta is currently offered at USD $22 per month for one user on one active device, unless the checkout page or written quote states otherwise. Pricing may be shown in USD even if you are located in Australia or another country. Your bank or card issuer may apply currency conversion, overseas transaction fees or other charges.

Paid subscriptions renew monthly until cancelled. By subscribing, you authorise the payment processor to charge your payment method at the start of each billing period, plus any applicable taxes, fees or currency conversions shown at checkout.

You may cancel a subscription at any time through the available billing flow or by contacting support. Unless these terms or applicable law say otherwise, cancellation stops the next renewal and access continues until the end of the paid billing period.

Payments are processed by Stripe or another nominated payment provider. We do not store full card numbers. Payment processors may collect and process payment details, billing details, tax information, fraud signals and transaction identifiers under their own legal terms and privacy notices.

Invoices, receipts or payment confirmations may be issued by us or by the payment processor. Unless a document expressly states that it is a tax invoice and identifies GST, it should be treated as a payment receipt or invoice for the amount paid. If GST registration becomes required or elected, GST handling and invoices may be updated accordingly.

If payment fails, is reversed, is disputed, is suspected to be fraudulent, or is subject to chargeback, we may suspend, limit or terminate paid access for the affected billing period while the payment status is reviewed.

5. Refunds, cancellations and Australian Consumer Law

We do not offer change-of-mind refunds for paid subscription periods that have already started, except where required by law or where we choose to provide a goodwill refund. Examples of change of mind include buying the wrong product, no longer wanting the product, not using the product, finding an alternative, or deciding after purchase that you do not need the service.

This policy does not limit rights under the Australian Consumer Law. If the service fails to meet a consumer guarantee, you may be entitled to a remedy depending on whether the issue is major or minor, the nature of the service, what was supplied, and the circumstances.

If a full refund is approved for a billing period, access for that paid billing period may be removed immediately because the paid consideration for that access has been returned. If only a partial refund or service credit is approved, access may continue, be reduced, or be adjusted according to the refund decision and applicable law.

Where a customer cancels without a refund, paid access normally continues until the end of the paid period. Where a payment is refunded, reversed, charged back, found fraudulent, or made without authority, access may be disabled for the affected period.

We may ask for reasonable information to assess a refund request, including account email, purchase date, subscription ID, screenshots, logs, description of the issue, reproduction steps, simulator/game version, operating system and whether the issue has been caused by third-party software, unsupported hardware, misuse or customer configuration.

Australian Consumer Law position

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). It includes consumer guarantees that may apply to goods and services supplied to consumers. For services, relevant guarantees may include that services are supplied with due care and skill, are fit for a disclosed purpose, and are supplied within a reasonable time where no time is fixed.

Businesses must not represent that consumer guarantee rights never apply, or that refunds are never available in circumstances where the law requires a remedy. Accordingly, any “no refund” statement in these terms means no voluntary change-of-mind refund, not a waiver of non-excludable statutory rights.

6. Beta access, feature changes and availability

The service may include beta, early access, experimental or pre-release features. Beta features may be incomplete, contain defects, change without notice, be temporarily unavailable, or be removed before general release.

We may add, modify, disable, limit or remove features where reasonably required for security, stability, legal compliance, product direction, fraud prevention, infrastructure cost control, simulator compatibility, third-party dependency changes, or to protect the service from abuse.

We may offer three-day trial access, paid beta access, waitlisted access, limited dashboards, manual grants, feature flags, usage limits, account reviews or device restrictions. Trial access does not guarantee permanent access, priority support, unlimited usage, commercial rights or continued availability.

Paid beta access helps cover infrastructure and support costs and allows us to open more places instead of rationing all access through free spots. Paid beta access does not guarantee that every feature will remain unchanged or that the software will produce any particular lap time, ranking, race result or engineering outcome.

7. Acceptable use and prohibited conduct

You must use the service lawfully, safely and in accordance with these terms. You must not:

• copy, resell, sublicense, rent, share, leak or distribute the software, account access, generated outputs or paid features except as expressly permitted;
• reverse engineer, decompile, disassemble, modify, crack, bypass, disable or interfere with licensing, device checks, account controls, payment checks or security features, except to the extent a law gives you a non-excludable right;
• scrape, overload, attack, probe, scan, benchmark abusively, interfere with, or attempt unauthorised access to any website, API, worker, database, account system or infrastructure;
• submit malware, unlawful content, stolen data, third-party secrets, payment card data, tax file numbers, passwords, or confidential information you are not authorised to provide;
• use the service to create misleading claims, impersonate another person, harass others, violate intellectual property rights, or breach simulator, platform or competition rules;
• use chargebacks, payment disputes or false fraud claims to obtain free access after receiving the service; or
• use a consumer plan for team, commercial, enterprise, resale, public venue, coaching business, professional racing team or multi-driver use unless we agree in writing.

If we reasonably suspect prohibited conduct, we may suspend or terminate access, preserve relevant logs, refuse future accounts, cancel unpaid orders, revoke beta access, or take other steps reasonably necessary to protect the service, other users and our legal position.

8. Privacy notice

This privacy notice explains the types of information we may collect and how we use it. The Privacy Act 1988 (Cth) and Australian Privacy Principles may apply to some Australian organisations depending on size, activities and exemptions. Even where a small business exemption may apply, we aim to handle personal information carefully and transparently.

We collect personal information directly from you, automatically through the software or website, and from service providers such as payment processors, hosting providers and analytics/security tools. We collect only what we reasonably need for the service, account security, billing, support, compliance and product improvement.

We may disclose information to service providers who help operate the service, including payment processors, hosting providers, email providers, analytics providers, support tools, security providers, professional advisers and law enforcement or regulators where required or permitted by law. Some providers may process information outside Australia.

We do not knowingly collect full payment card numbers. Do not send tax file numbers, passport numbers, bank passwords, full card details, sensitive identity documents or confidential third-party data through support unless we specifically request it through a secure process.

You may request access to or correction of personal information we hold about you by contacting us. We may need to verify your identity before responding. We may refuse or limit a request where permitted by law, including where disclosure would compromise security, privacy of others, legal privilege, fraud investigation or dispute handling.

9. Security, data handling and backups

We use reasonable technical and organisational measures designed to protect account, billing and operational information. No internet service or software system can be guaranteed to be completely secure, uninterrupted or error-free.

You are responsible for backing up your own simulator files, setups, configuration, telemetry, documents and other local data. You should not rely on ACCELX as your sole storage, backup or records system.

If you submit telemetry, setup files, logs or screenshots, you grant us permission to use that material to provide support, improve the service, diagnose issues and generate outputs for you. You must ensure you have the right to upload or share any file or data you provide.

If we become aware of a data security incident, we will assess it and take reasonable steps in light of the circumstances, including any notification obligations that apply under law.

10. Intellectual property and licence

The website, software, code, user interface, design, models, documentation, brand, text, logos, workflows, generated demo materials and other ACCELX/TESSIE materials are owned by us or our licensors and are protected by intellectual property laws.

Subject to payment, account status and compliance with these terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the consumer software for your personal individual sim-racing use during the applicable access period.

You do not acquire ownership of the software or service. You must not remove copyright notices, copy the software for distribution, publish private builds, leak internal files, share download links intended for your account, or represent that you are affiliated with or authorised by ACCELX unless we agree in writing.

Feedback, suggestions and ideas you provide may be used by us without restriction or compensation, unless we agree otherwise in writing.

11. Disclaimers, limitations and responsibility

The service is a sim-racing software tool. It is not professional legal, financial, tax, accounting, medical, safety, vehicle engineering, motorsport engineering or real-world driving advice. You remain responsible for your own setup decisions, simulator use, racing conduct, competition compliance and safety.

AI-generated or automated outputs may be incomplete, incorrect, unsuitable for your car, simulator version, track conditions, driving style or ruleset. You must review outputs before relying on them. You should test setup changes safely and incrementally.

To the maximum extent permitted by law, we are not liable for indirect, consequential, special, exemplary or punitive loss, loss of profit, loss of opportunity, loss of data, loss of goodwill, race results, competitive ranking, simulator crashes, third-party platform changes, or losses caused by misuse, unsupported environments or third-party services.

Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the services, paying the cost of resupplying the services, or the amount paid by you for the affected service during the relevant billing period, to the extent permitted by law.

12. Australian legal references

The following references are included to make the legal basis clearer. They are not a complete statement of all laws that may apply, and they do not replace independent legal advice.

• Competition and Consumer Act 2010 (Cth), Schedule 2 — Australian Consumer Law: consumer guarantees, misleading or deceptive conduct, unfair practices and remedies may apply. Commonly relevant provisions include section 18 for misleading or deceptive conduct, section 29 for certain false or misleading representations, sections 54–59 for goods guarantees where goods are supplied, sections 60–62 for services guarantees, section 64 for non-excludable guarantees, and remedies provisions including those dealing with failures to comply with consumer guarantees.
• Australian Consumer Law services guarantees: services supplied to consumers may need to be provided with due care and skill, be fit for a disclosed purpose or result, and be supplied within a reasonable time where no time is fixed.
• Australian Consumer Law refund position: a business may decline voluntary change-of-mind refunds, but cannot use a blanket “no refunds” policy to deny non-excludable consumer guarantee remedies.
• Privacy Act 1988 (Cth): the Act contains definitions of personal information and APP entities and includes the Australian Privacy Principles in section 14, compliance obligations in section 15, and notifiable data breach provisions in Part IIIC for entities to which those obligations apply.
• Australian Privacy Principles: where applicable, APPs cover open and transparent management of personal information, collection, notification, use and disclosure, overseas disclosure, security, access and correction.
• Spam Act 2003 (Cth): commercial electronic messages generally require consent, sender identification and a functional unsubscribe facility, subject to the Act and its exceptions.
• Electronic Transactions Act 1999 (Cth) and applicable state/territory electronic transaction laws: electronic communications, online acceptance and electronic records may be legally effective where statutory requirements are met.

The governing law of these terms is the law of South Australia, Australia. Courts and tribunals with jurisdiction in South Australia and any applicable Commonwealth courts have non-exclusive jurisdiction, subject to any non-excludable rights you may have to bring a claim elsewhere.

13. Changes to these terms

We may update these terms from time to time. If a change is material, we will take reasonable steps to notify users, such as updating the website, providing notice at checkout, sending an email, or notifying through the software. Your continued use of the service after updated terms take effect means you accept the updated terms.

If you do not accept a material change, you may cancel your subscription before the next renewal. Non-excludable legal rights continue to apply regardless of any update.

14. Contact and legal notices

For billing, account, refund, privacy, security or legal notices, contact:

Email: [email protected]

Please include your account email, invoice or subscription reference if applicable, a clear description of the issue, and any screenshots or logs needed to understand the request.