Legal

Terms of Use & Copyright

Effective date: 29 May 2026 · Governing jurisdiction: Colorado, United States

By downloading, installing, or using HeadRacer ("the App"), you agree to be bound by these Terms of Use. If you do not agree, do not use the App.

1. Ownership & Copyright

HeadRacer and all content within it — including but not limited to the application software, source code, graphics, animations, sound design, visual design, trade dress, and written copy — are the exclusive property of the developer of HeadRacer, based in Colorado, United States ("the Developer").

Unauthorised reproduction, modification, distribution, transmission, republication, display, or performance of any content from HeadRacer is strictly prohibited without the prior written consent of the Developer.

2. Licence Grant

Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial entertainment purposes.

This licence does not include the right to:

sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the App;
modify, translate, adapt, or create derivative works based on the App;
reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App;
remove, alter, or obscure any copyright, trademark, or other proprietary notices;
use the App for any unlawful purpose or in violation of any applicable law or regulation.

3. User-Generated Content

You may add photographs to the App for use as racer avatars. You represent and warrant that you have all necessary rights, permissions, and consents to use any photograph you add, including the right to use any person's likeness depicted therein.

All photographs you add are stored exclusively on your device and are never transmitted to the Developer or any third party. You retain full ownership of any photographs you add to the App.

The Developer accepts no responsibility or liability for photographs or any other content you choose to use within the App.

4. In-App Purchases

The App offers an optional one-time in-app purchase ("Head Race Pro") that unlocks additional features. All purchases are processed by Apple Inc. through the App Store and are subject to Apple's terms and conditions.

All sales are final. The Developer does not offer refunds for in-app purchases; however, you may request a refund from Apple directly in accordance with Apple's refund policy.

5. Trademarks

"HeadRacer" and "Head Race Pro" are trademarks of the Developer. You may not use these marks in any manner likely to cause confusion, or in any manner that disparages or discredits the Developer, without prior written permission.

6. Disclaimer of Warranties

The App is provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by applicable law, the Developer expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Developer does not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects will be corrected.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Developer be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the App, even if the Developer has been advised of the possibility of such damages.

The Developer's total cumulative liability to you for any claims arising out of or related to these Terms or the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim.

8. Third-Party Services

The App is distributed exclusively through the Apple App Store. Your use of the App Store is subject to Apple's Terms of Service. The Developer is not responsible for Apple's policies or practices.

The App does not integrate any third-party analytics, advertising, or data-collection services.

9. Children

The App is intended for general audiences. It does not knowingly collect any personal information from any user, including children under the age of 13. Because no personal data is collected or transmitted, the App is compliant with the Children's Online Privacy Protection Act (COPPA).

10. Changes to These Terms

The Developer reserves the right to modify these Terms at any time. The effective date at the top of this page will be updated to reflect the date of any changes. Continued use of the App after any such changes constitutes your acceptance of the revised Terms.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Boulder County, Colorado, and you hereby consent to personal jurisdiction in those courts.

12. Entire Agreement & Severability

These Terms constitute the entire agreement between you and the Developer with respect to the App and supersede all prior agreements, understandings, or representations. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Contact

For legal notices or questions regarding these Terms, please contact:

Nederland, CO 80466, United States
info@phoe.be