Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your use of the shiftos.app website (the "Site") operated by Particle Storm LLC ("Particle Storm", "we", "us", "our"). By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.

2. Eligibility

The Site is intended for users who are at least 18 years old and have the legal authority to enter into binding agreements. The Site is intended for business and professional use, including evaluation of ShiftOS for use at sim racing venues. By using the Site you represent that you meet these requirements.

3. Account responsibilities

If you create an account or sign up to receive information through the Site, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any credentials and for all activity occurring under your account.

4. Acceptable use

You agree not to:

• Use the Site or service for any unlawful, harmful, or fraudulent purpose
• Attempt to interfere with, probe, scan, or test the vulnerability of the Site or any associated system
• Bypass or attempt to bypass any security or access-control mechanism
• Use automated tools to scrape, copy, or extract content beyond what is permitted by our robots.txt
• Reverse engineer or attempt to derive source code from any software made available on the Site
• Use the Site to transmit malware, spam, or unsolicited commercial communications
• Use the Site or any associated trademarks in a way that could damage Particle Storm's reputation or imply false endorsement

5. Intellectual property

The Site and all of its contents (including the ShiftOS name and logo, page text and layout, images, and underlying software) are the property of Particle Storm or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You receive no rights in the Site beyond the limited right to view it for the purposes intended.

6. Service terms vs. website terms

These Terms govern your use of the Site. They do not, by themselves, grant any right to use the ShiftOS service. Use of the ShiftOS service is governed by a separately executed Software as a Service Agreement between Particle Storm and your venue or organization. In the event of a conflict between these Terms and the SaaS Agreement, the SaaS Agreement controls with respect to the service.

7. Fees and payment

The Site is free to access. Pricing information shown on the Site is illustrative; actual fees, billing terms, and payment obligations are set forth in your executed SaaS Agreement. Particle Storm reserves the right to change pricing on the Site at any time.

8. Third-party services

The Site may link to or embed third-party services (for example, demo booking via link.msgsndr.com, Stripe payment processing, fonts hosted by Google). We are not responsible for third-party services and your use of them is governed by their own terms.

9. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any conduct that we believe violates these Terms or is otherwise harmful to other users, to us, or to third parties. Termination of Site access does not affect any executed SaaS Agreement, which is governed by its own termination provisions.

10. Disclaimer of warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTICLE STORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. PARTICLE STORM'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).

Liability arising from the ShiftOS service itself is governed by the SaaS Agreement, not these Terms.

12. Indemnification

You agree to indemnify and hold harmless Particle Storm, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Site.

13. Governing law

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws principles. Any dispute arising from your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in California.

Note: this governing law applies to website use only. The ShiftOS service is governed by the law specified in your executed SaaS Agreement, which may differ.

15. Changes to these terms

We may update these Terms from time to time. Material changes will be reflected on this page with an updated "Last updated" date. Continued use of the Site after a change constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms:

Particle Storm LLC
1603 Capitol Ave, Suite 415 #698478
Cheyenne, WY 82001 USA
Email: legal@shiftos.app