These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and ACEL Apps LLC, including its owners, members, officers, employees, agents, successors, and assigns (collectively, "ACEL Apps," "we," "us," or "our"). These Terms govern your access to and use of all mobile applications published by ACEL Apps — including RaceChase, TripSlice, and TalkFeel (collectively, the "Apps") — the website located at acelapps.com (the "Website"), and all related services, content, and functionality (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY OF OUR APPS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE OUR APPS OR SERVICES.
By downloading, installing, or using any of our Apps, or by accessing our Website, you represent and warrant that you are at least 13 years of age (or the age of digital consent in your jurisdiction, if higher) and that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Subject to your compliance with these Terms, ACEL Apps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Apps on a device that you own or control, solely for your personal, non-commercial use.
This license does not grant you any right to, and you shall not:
Certain Apps offer optional in-app purchases, managed through RevenueCat and processed through the Apple App Store, Google Play Store, or other applicable platform (each, a "Platform"). Your purchase is subject to the terms and policies of the applicable Platform and RevenueCat, including their refund policies. ACEL Apps does not directly process payments and does not have access to your payment information.
All purchases are final to the extent permitted by applicable law. If you wish to request a refund, you must do so through the applicable Platform in accordance with their policies.
TripSlice and TalkFeel require account creation via Sign In with Apple or Sign In with Google, facilitated through our authentication provider Supabase. By creating an account, you agree to provide accurate information and to maintain the security of your credentials. You are responsible for all activity that occurs under your account. You must notify us promptly at support@acelapps.com if you believe your account has been compromised.
You may delete your account at any time within the App. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.
RaceChase enables you to record videos and create timing data ("User Content"). You retain all ownership rights in your User Content. ACEL Apps does not claim any ownership of, nor any license to, User Content you create. All User Content is stored locally on your device and is not transmitted to ACEL Apps.
You are solely responsible for your User Content and for ensuring that your creation and use of User Content complies with all applicable laws, including privacy laws, intellectual property laws, and any laws governing the recording of individuals. Where required, you are responsible for obtaining consent from any individuals who appear in your recordings.
These Apps allow you to create and share content such as trip expenses, messages, and communications (collectively, "User Content"). You retain all ownership rights in your User Content. By submitting User Content through these Apps, you grant ACEL Apps a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely as necessary to provide the Services to you and other users with whom you choose to share it.
You are solely responsible for your User Content and represent that you have all necessary rights to submit it. You agree not to submit User Content that is unlawful, defamatory, harassing, fraudulent, or that infringes the rights of any third party.
TripSlice and TalkFeel may send SMS messages through our provider Twilio for purposes such as inviting participants or delivering notifications. By providing a phone number in connection with these Apps, you consent to receive SMS messages from ACEL Apps related to the Services. Standard message and data rates may apply depending on your carrier. You may opt out at any time by following the instructions provided in the SMS message or by contacting us at support@acelapps.com.
Our Apps integrate third-party services including PostHog (analytics), Discord (error reporting), RevenueCat (in-app purchases), Supabase (authentication and data storage), Twilio (SMS), and FFmpeg (on-device video processing for RaceChase). Your use of third-party services is subject to those providers' terms and privacy policies. ACEL Apps is not responsible for the policies or practices of any third-party service or platform.
The Apps are distributed through the Apple App Store and Google Play Store. In the event of any conflict between these Terms and the terms of the applicable platform, the platform terms shall govern solely with respect to platform-specific matters (such as refunds and payment processing), and these Terms shall govern in all other respects.
The Apps, Website, and Services — including all content, features, functionality, designs, graphics, logos, icons, images, text, and software — are and shall remain the exclusive property of ACEL Apps or its licensors. These Terms do not convey any ownership interest in the Services, but only a limited right of use revocable in accordance with these Terms.
The names "ACEL Apps," "RaceChase," "TripSlice," "TalkFeel," and all related logos and marks are trademarks or service marks of ACEL Apps LLC. You may not use these marks without prior written consent.
THE APPS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACEL APPS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
You acknowledge that you use the Apps and Services at your own risk. ACEL Apps does not warrant that the Apps will meet your requirements or expectations, or that any timing data, calculations, measurements, expense calculations, or communications produced by the Apps will be accurate or suitable for any particular purpose.
No advice or information, whether oral or written, obtained by you from ACEL Apps or through the Services shall create any warranty not expressly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACEL APPS, ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACEL APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ACEL APPS AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE ACTUALLY PAID TO ACEL APPS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN UNITED STATES DOLLARS ($10.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations and exclusions set forth in this section shall apply to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ACEL Apps and its owners, members, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting us at support@acelapps.com. The parties shall attempt in good faith to resolve the Dispute through informal negotiation within sixty (60) days of receipt of written notice. If the Dispute is not resolved within this period, either party may proceed to binding arbitration as set forth below.
Any Dispute not resolved through informal negotiation shall be resolved exclusively through final and binding arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. The arbitration shall be conducted by a single arbitrator and shall take place in Philadelphia, Pennsylvania, or by telephone, videoconference, or other remote means at the election of the party initiating the arbitration.
The arbitrator shall have exclusive authority to resolve any Dispute, including disputes regarding the scope, interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND ACEL APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void, and the Dispute shall be resolved in court.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You may opt out of this arbitration provision by sending written notice to support@acelapps.com within thirty (30) days of your first use of the Services. Your notice must include your name, mailing address, and a clear statement that you wish to opt out. If you opt out, you and ACEL Apps may assert claims against each other in court subject to the governing law provisions below.
These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder (including following an opt-out of arbitration), you and ACEL Apps agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of New York for the purpose of litigating any such Dispute.
You acknowledge and agree that your use of the Apps and Services is entirely at your own risk. Without limiting the foregoing:
These Terms are effective until terminated. ACEL Apps may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach any provision of these Terms. Upon termination, your license to use the Apps shall immediately cease. Sections 8 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution and Arbitration), 13 (Governing Law), and 14 (Assumption of Risk) shall survive termination.
ACEL Apps shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disaster, pandemic, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, power outages, or third-party service disruptions.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If modification is not possible, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ACEL Apps with respect to the Services and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
No failure or delay by ACEL Apps in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof.
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without the prior written consent of ACEL Apps. ACEL Apps may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder without restriction. Any attempted assignment in violation of this section shall be null and void.
ACEL Apps reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Apps or Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Apps and Services.
If you have any questions or concerns regarding these Terms, please contact us at:
ACEL Apps LLC
Email: support@acelapps.com
Website: www.acelapps.com