TERMS OF SERVICE
Welcome to Gladiator (the “App”), owned and operated by Blackforest LLC, a Rhode Island limited liability company (“Blackforest,” “we,” “us,” or “our”). By downloading, accessing, or using the App and its associated features and services (collectively, the “Services”), you (“User” or “you”) agree to accept and be bound by these Terms of Service (“Terms”), as amended from time to time, and our Privacy Policy, which is incorporated herein by reference. It is your responsibility to review these Terms periodically. Your continued use of the App after any changes constitutes acceptance of the updated Terms. If you do not agree to these Terms, do not use the App.
GLADIATOR OR BLACKFOREST LLC IS NOT A PROFESSIONAL ENGINEERING, MECHANICAL, OR SAFETY ADVISORY SERVICE AND DOES NOT OFFER PROFESSIONAL RACING OR VEHICLE SETUP ADVICE. THE APP IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ALL VEHICLE SETUP DECISIONS MUST BE REVIEWED BY A QUALIFIED MOTORSPORT PROFESSIONAL AND MUST COMPLY WITH ALL APPLICABLE SAFETY STANDARDS AND SANCTIONING BODY RULES.
1. About the App
Gladiator is a mobile application designed to help motorsport participants track, record, and analyze racing performance data. Everything offered through the App is referred to collectively as the “Services.” Some features of the App may be accessible without registration, while others require account creation, a paid subscription (“Gladiator Pro”), or both. Use of certain features, including data export and advanced analytics tools, may require a paid subscription.
2. Important Disclaimer: Informational Purposes Only
Gladiator is designed as a data logging and analysis tool for informational and educational purposes only. The App, its analytics, insights, correlations, recommendations, outputs, and any data generated by the App do not constitute professional engineering advice, mechanical advice, safety advice, or any other form of professional guidance.
USERS MUST NOT RELY ON ANY OUTPUT, ANALYSIS, RECOMMENDATION, OR INSIGHT GENERATED BY THE APP WHEN MAKING VEHICLE SETUP, MECHANICAL, OR SAFETY-RELATED DECISIONS. ALL VEHICLE SETUPS, MODIFICATIONS, AND ADJUSTMENTS MUST BE REVIEWED AND VALIDATED BY A QUALIFIED MOTORSPORT ENGINEER OR MECHANIC AND MUST COMPLY WITH ALL APPLICABLE SANCTIONING BODY RULES, MANUFACTURER SPECIFICATIONS, AND RECOGNIZED SAFETY STANDARDS. ALWAYS ENSURE YOUR VEHICLE SETUP IS WITHIN STANDARD SAFETY SPECIFICATIONS REGARDLESS OF ANY OUTPUT GENERATED BY THIS APP.
Racing and motorsport activities are inherently dangerous. By using this App, you acknowledge the risks associated with motorsport participation and agree that Blackforest bears no responsibility or liability for any injury, death, property damage, vehicle damage, or other adverse outcome arising from your participation in motorsport activities or from any reliance on data, analysis, or recommendations generated by the App.
3. About the Services
The Services include performance data logging, analytics tools, AI-generated insights, correlation analysis, trend analysis, data export and sharing features, an in-app news feed, and subscription-based premium features. Blackforest reserves the right to add, modify, suspend, or discontinue any feature or Service at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4. Subscription and Payments
Certain features of the App are available only through a paid Gladiator Pro subscription. Subscription plans and pricing are presented within the App and are processed through Apple’s App Store in accordance with Apple’s terms and conditions. All fees and subscription charges are non-refundable except as required by applicable law or Apple’s refund policies. Blackforest does not directly process or store payment information. Free trial periods, where offered, are subject to automatic conversion to a paid subscription at the end of the trial unless cancelled prior to the trial end date through your Apple ID account settings.
5. News Feed and Third-Party Content
The App includes an optional news feed that displays publicly available content from third-party motorsport news sources including Motorsport.com and Racecar Engineering. This content is provided for informational purposes only. Blackforest does not control, endorse, or guarantee the accuracy, timeliness, or availability of third-party content. Opinions and information expressed in third-party content are not those of Blackforest. Blackforest is not responsible or liable for any third-party content accessed through the news feed. Users may disable the news feed at any time within the App’s settings.
6. Data Export and Sharing
The App provides an optional feature that allows users to export their session data as a .gladiator file and share it with other Gladiator users. When you use this feature, you are responsible for ensuring the security and appropriate use of any exported files and for sharing data only with intended recipients. Blackforest does not receive, store, or have access to files shared between users via this feature. By using the export and sharing feature, you represent that you have the right to share the data contained in any exported file and that doing so does not violate any third-party rights or applicable laws.
7. Your Personal Information
By registering for or using the App, you authorize Blackforest to collect, use, and disclose personal information as described in our Privacy Policy. You represent that all information you provide is accurate and current. Please review our Privacy Policy carefully, as your use of the App constitutes agreement to its terms.
8. User Responsibilities and Prohibited Conduct
You are responsible for all use of the App and your account credentials. You may use the App for lawful, personal, non-commercial purposes only. You agree not to: (i) access or attempt to access the App or Services through any unauthorized means; (ii) engage in any activity that disrupts, interferes with, or overloads the App or its supporting infrastructure; (iii) copy, duplicate, reproduce, sell, or resell any part of the Services; (iv) use any automated tools, bots, or scraping technologies to access the Services; (v) attempt to reverse engineer, decompile, or extract source code from the App; (vi) use the App for any illegal, fraudulent, or harmful purpose; (vii) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (viii) violate any applicable local, state, national, or international law or regulation.
You are solely responsible for any consequences, losses, or damages arising from unauthorized use of your account or credentials. Blackforest may, in its sole discretion, terminate or suspend your access to the Services for any violation of these Terms.
9. Intellectual Property
All content, features, functionality, design elements, trademarks, and intellectual property within the App and Services are owned by Blackforest, its licensors, or affiliates and are protected by applicable intellectual property laws. These Terms do not grant you any express or implied rights in the App or Services beyond those necessary to use the App as permitted herein. All rights not expressly granted are reserved by Blackforest. The name “Gladiator” and associated logos and branding are trademarks of Blackforest LLC. You may not use our trademarks without prior written authorization.
10. User-Submitted Data and Feedback
Racing performance data you enter into the App remains your data. Blackforest does not claim ownership of performance data you log within the App. By submitting feedback, suggestions, or ideas to Blackforest, you grant Blackforest a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, and incorporate such feedback into the Services without compensation to you. Blackforest welcomes feedback and suggestions at support@blackforestcompany.com.
11. AI Insights and Analytical Tools
The App includes analytical tools and AI-generated insights based on your logged session data. These tools utilize statistical methods including correlation analysis, regression analysis, and trend detection. All outputs from these tools are estimates based on your recorded data and are subject to the limitations of statistical modeling, including sample size constraints and the assumptions of linear relationships. Outputs should be treated as exploratory insights only and not as definitive conclusions. Blackforest does not warrant the accuracy, completeness, or fitness for any particular purpose of any analytical output generated by the App.
For purposes of these Terms, the definition of what constitutes ‘AI,’ ‘AI-generated,’ ‘artificial intelligence,’ or any related terminology within the App, including but not limited to insights, recommendations, analysis, or any feature marketed or described as AI-powered, is determined solely at the discretion of Blackforest LLC. Blackforest reserves the right to modify, expand, or narrow the scope of features described as AI at any time without notice. Users acknowledge that AI-related features may include, but are not limited to, statistical analysis, pattern recognition, rule-based logic, machine learning, or any combination thereof, as determined by Blackforest in its sole discretion.
12. Changes and Interruptions to Services
Blackforest may add, modify, suspend, or discontinue any part of the Services at any time. The App and Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control including equipment failures, network issues, or third-party service interruptions. Blackforest shall not be liable for any interruption, suspension, or termination of the Services.
13. Links to Third-Party Content
The App may contain links to third-party websites or content, including through the news feed feature. Blackforest does not control and is not responsible for the accuracy, legality, or content of any third-party websites or materials. Inclusion of any third-party link does not constitute endorsement by Blackforest. Access to third-party content is at your own risk.
14. Disclaimer of Warranties
THE APP AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACKFOREST DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. BLACKFOREST DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKFOREST DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, ANALYSIS, INSIGHT, OR RECOMMENDATION GENERATED BY THE APP. BLACKFOREST EXPRESSLY DISCLAIMS ANY WARRANTY THAT USE OF THE APP WILL IMPROVE RACING PERFORMANCE OR VEHICLE SAFETY.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACKFOREST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, VEHICLE DAMAGE, OR ANY MOTORSPORT-RELATED INJURY OR INCIDENT, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP OR SERVICES, EVEN IF BLACKFOREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLACKFOREST’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO BLACKFOREST IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) TEN DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless Blackforest, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the App or Services; (b) your violation of these Terms; (c) any vehicle setup or safety decision you make in connection with your use of the App; (d) your participation in motorsport activities; or (e) the violation of any third-party rights by you or any party using your account credentials.
17. Termination
Blackforest may terminate or suspend your access to the App and Services immediately and without notice if you violate these Terms or for any other reason in our sole discretion, including extended inactivity. Upon termination, your right to use the App ceases immediately. Sections 2, 11, 14, 15, 16, 18, 19, and 20 shall survive any termination of these Terms.
18. Eligibility
You must be at least 18 years of age, or the legal age of majority in your jurisdiction if greater than 18, to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. The App is intended for use by individuals who participate in or are involved with motorsport activities. Use of the App outside the United States is at your own risk and you are responsible for compliance with all applicable local laws.
19. Electronic Contracting
Your use of the App constitutes your electronic agreement to these Terms and your consent to enter into contracts electronically. All notices and communications under these Terms may be provided electronically via the App or by email to the address associated with your account. Notices from you to Blackforest should be sent to support@blackforestcompany.com.
20. Choice of Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration conducted in Providence, Rhode Island, pursuant to the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Nothing in this section prevents either party from seeking injunctive or other equitable relief in connection with intellectual property rights.
21. Additional Terms
These Terms, together with our Privacy Policy and any additional terms presented within the App, constitute the entire agreement between you and Blackforest regarding your use of the App. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Blackforest’s failure to enforce any provision of these Terms shall not be deemed a waiver. These Terms may not be assigned by you without our prior written consent. Blackforest may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
22. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Blackforest LLC
Email: support@blackforestcompany.com
Website: www.blackforestcompany.com