KartSim Software Terms & Conditions

1. ABOUT THESE TERMS

1.1 These Terms & Conditions govern the purchase, licensing, installation and use of software products supplied by KartSim Limited ("KartSim", "we", "us" or "our").

1.2 By purchasing, downloading, activating or using KartSim software, you agree to be bound by these terms, subject to applicable law.

1.3 These terms apply to KartSim Pro Software, KartSim Esports Software, regional software packages, additional downloadable content and related software products supplied by KartSim, unless separate product-specific terms apply.

1.4 Please read these terms carefully before purchasing. In particular, customers should understand the distinction between purchasing an existing software licence and purchasing access to future software releases.

2. INFORMATION ABOUT KARTSIM

2.1 KartSim Limited is a company registered in England and Wales under company number 10643988.

2.2 Registered Office: Nicholas House, River Front, Enfield, Middlesex, EN1 3FG.

2.3 VAT Registration Number: 270876183.

2.4 Business Address: Unit 2275, Silverstone Park, Towcester, NN12 8GX, United Kingdom.

2.5 Contact Details:

Telephone: +44 (0)1327 226 976

Email: sales@kart-sim.com

Website: www.kart-sim.com

3. SOFTWARE PURCHASE AND LICENSING

3.1 When purchasing KartSim software, you are purchasing a licence to use the specific software product, edition, version and content identified in your order confirmation.

3.2 The software is licensed, not sold. All ownership and intellectual property rights remain with KartSim Limited and its licensors.

3.3 Unless otherwise expressly agreed in writing, your licence is non-exclusive, non-transferable and for personal, non-commercial use only.

3.4 Your licence permits you to use the software supplied under your original purchase, together with any additional content or upgrades subsequently purchased or expressly provided to you.

3.5 The purchase of a software licence does not grant ownership of the software, its source code, tracks, kart models, physics systems, digital assets or any future software developments.

3.6 Unless a product is expressly sold as a subscription or time-limited licence, the licence to the purchased software version does not automatically expire at the end of the calendar year. Continued use remains subject to these terms, applicable third-party platform requirements and lawful termination provisions.

4. SOFTWARE UPDATES, UPGRADES AND ADDITIONAL CONTENT

4.1 Software supplied at purchase

Your purchase includes the software version, track content, kart classes, features and functionality expressly advertised or identified in your order confirmation at the time of purchase.

Future developments, improvements and additional content are not included unless expressly agreed in writing.

4.2 Free software updates

KartSim may periodically release free software updates, including:

• Bug fixes and minor software corrections.

• Security patches and technical maintenance.

• Minor compatibility improvements.

• Other changes or content expressly designated by KartSim as free.

Free updates may be distributed automatically through Steam or another authorised delivery platform.

The provision of a free update does not create an entitlement to receive additional free updates, upgrades or new content in the future, except where required by law or expressly promised under the contract.

4.3 Paid software updates and upgrades

KartSim reserves the right to develop, release and separately charge for new software versions, major updates, upgrades, additional content and enhanced functionality.

Paid software releases may include, without limitation:

• New circuits, tracks and circuit layouts.

• Additional kart models, categories, classes or engines.

• New championships, racing series and regional packages.

• Significant physics updates or revised vehicle dynamics.

• Substantial improvements to graphics, sound, artificial intelligence or simulation systems.

• New software features and functionality.

• Major software revisions, editions or version releases.

• Additional downloadable content or expansion packages.

These releases are not automatically included in an existing software licence, even if released during the same calendar year as the customer's original purchase.

Customers wishing to access a paid release must purchase the relevant upgrade, update or additional content at the price applicable at the time of purchase.

KartSim will identify whether a release is free or paid before requiring payment for it.

4.4 Updates during the year of purchase

Where software is advertised as including updates for the remainder of the calendar year, that entitlement applies only to updates expressly included within the relevant product offering.

It does not include releases separately classified and sold as paid upgrades, major versions, new software packages or additional content.

Any separately advertised update entitlement or promotional offer will apply according to its stated terms.

4.5 Updates in subsequent calendar years

Following the calendar year of purchase, KartSim may offer additional updates, software versions and content for a separate fee.

No future year's software updates or upgrades are automatically included unless expressly stated in the original purchase agreement or a separate subsequent agreement.

KartSim is not obliged to offer an annual upgrade package, and the availability, scope and price of future releases may vary.

4.6 Existing licences and optional upgrades

Customers are not normally required to purchase optional paid upgrades in order to continue using the software version they have already licensed.

However, older software versions may eventually become incompatible with newer operating systems, hardware, Steam, rFactor 2 or other third-party software.

KartSim does not guarantee indefinite compatibility with future third-party platforms, hardware or operating systems, subject to its contractual obligations and applicable law.

4.7 No automatic entitlement to future content

Customers acknowledge that the purchase of KartSim software does not grant any automatic entitlement to future products, content, upgrades or developments.

This includes future software releases incorporating improvements to existing tracks or kart models.

The fact that an update relates to a track, kart class or feature already included in the original software does not, by itself, mean that a separately developed upgrade must be provided free of charge.

This provision does not limit any obligation to remedy defective or non-conforming digital content under applicable consumer law.

4.8 Software supplied with KartSim simulators

Where KartSim software is supplied as part of a simulator purchase, the software licence includes only the version, package and content expressly included in the simulator order.

The purchase of KartSim hardware does not entitle the customer to future paid software updates or upgrades free of charge.

Software upgrades may be purchased separately unless otherwise agreed in writing.

4.9 Classification of releases

KartSim may classify new releases as free updates, paid upgrades, new versions or additional content, based on the nature and scope of the development.

Such classifications will not override any specific contractual commitment or statutory right owed to the customer.

4.10 Statutory rights

Nothing in this section excludes or restricts KartSim's obligations under applicable consumer protection legislation, including the Consumer Rights Act 2015.

Where an update, repair or other remedy is required by law to bring purchased digital content into conformity with the contract, KartSim will comply with those obligations.

5. SOFTWARE ACTIVATION AND DELIVERY

5.1 KartSim software is generally supplied digitally through Steam or another authorised distribution platform.

5.2 Customers may be required to provide their Steam ID64 or other information necessary to activate the relevant software licence.

5.3 Where applicable, a separate valid licence for rFactor 2 is required to operate KartSim software.

5.4 Software activation is normally completed following acceptance of the order, receipt of payment and provision of the information necessary for delivery.

5.5 Customers are responsible for ensuring that their computer hardware, operating system and other required third-party software meet the published minimum system requirements.

5.6 KartSim may update its supported system requirements for future software versions or upgrades. Customers should check compatibility before purchasing any separately chargeable upgrade.

6. PERMITTED USE AND RESTRICTIONS

6.1 Unless KartSim has expressly granted a commercial licence in writing, software licences are intended exclusively for personal, domestic and non-commercial use.

6.2 Customers must not, without prior written authorisation:

• Resell, sublicense, rent, distribute or transfer the software or its licence.

• Use the software for commercial simulation centres, public entertainment venues, coaching businesses or other revenue-generating activities.

• Copy, modify, reverse-engineer or distribute the software except where permitted by applicable law.

• Share activation credentials or provide unauthorised third parties with access.

• Remove or alter copyright, trademark or ownership notices.

• Use any part of the software to create competing products in breach of applicable law or KartSim's intellectual property rights.

6.3 Commercial use of KartSim software requires a separately authorised commercial licensing arrangement.

6.4 Unauthorised commercial use may result in lawful suspension or termination of the licence and legal action to recover losses or other remedies available under applicable law.

6.5 Unauthorised Commercial Use and Licence Fees

KartSim software supplied under a personal or non-commercial licence must not be used for any commercial, business or revenue-generating purpose without KartSim's prior written authorisation.

Where KartSim discovers that the software has been used commercially without the appropriate licence, KartSim reserves the right to terminate the licence and charge the customer £10,000 plus VAT for each calendar year, or part thereof, during which the software has been used for commercial purposes.

This amount represents KartSim's standard commercial software licence fee and is payable in respect of each relevant calendar year or part thereof.

KartSim also reserves the right to pursue any additional remedies available under applicable law, without recovering the same loss twice.

7. INTELLECTUAL PROPERTY

7.1 All intellectual property rights in KartSim software, including track models, kart models, physics systems, graphics, audio, code and documentation, remain the property of KartSim Limited or the relevant rights holders.

7.2 Purchasing a software licence does not transfer any intellectual property rights to the customer.

7.3 Customers may use the software only in accordance with their licence and these terms.

8. SOFTWARE AVAILABILITY, MAINTENANCE AND SUPPORT

8.1 KartSim will use reasonable care and skill in providing its software and associated support services.

8.2 From time to time, KartSim may undertake maintenance, make technical changes or release updates necessary for the operation or security of the software.

8.3 Where reasonably practicable, KartSim will provide notice of planned interruptions that materially affect access.

8.4 Software support does not include an entitlement to additional paid content, major software upgrades or the development of new features.

8.5 KartSim does not guarantee that every software version will remain compatible indefinitely with future third-party hardware, platforms or operating systems.

8.6 Nothing in these terms excludes responsibility for supplying software that conforms to the contract or for providing any remedies required by law.

9. PRICING AND PAYMENT

9.1 The price of KartSim software will be the price displayed at checkout or stated in the quotation accepted by the customer.

9.2 Applicable taxes will be identified during the purchase process in accordance with relevant law.

9.3 Unless otherwise expressly agreed, payment must be received before software activation or delivery.

9.4 Prices for future software upgrades, updates and additional content are not fixed by the price paid for an earlier software licence.

9.5 KartSim may change the price of future software releases without affecting orders already accepted.

9.6 No customer will be charged automatically for an optional software upgrade without having agreed to the relevant purchase or an applicable recurring payment arrangement.

10. CANCELLATION AND REFUNDS

10.1 Where applicable, consumers purchasing digital content online have a statutory 14-day cancellation period beginning on the day after the contract is concluded.

10.2 Where the customer expressly consents to the supply of digital content beginning during that cancellation period, acknowledges that doing so will result in the loss of their statutory cancellation right, and the other applicable legal requirements are satisfied, the statutory right to cancel is lost once supply begins.

10.3 Where these requirements have not been satisfied, the customer's statutory cancellation rights will continue to apply.

10.4 Where a customer has a statutory or contractual right to a refund, KartSim will process the refund in accordance with applicable law.

10.5 Nothing in this section affects the customer's rights where the software is faulty, not as described or otherwise fails to conform to the contract.

11. SOFTWARE FAULTS AND CUSTOMER RIGHTS

11.1 KartSim aims to supply software that is of satisfactory quality, fit for its intended purpose and consistent with the description provided at purchase.

11.2 If customers experience technical issues, they should contact KartSim support with the relevant order information and details of the problem.

11.3 Where software fails to meet applicable legal requirements, customers may be entitled to repair, replacement, price reduction or other remedies under relevant consumer legislation.

11.4 An optional paid software upgrade will not be treated as a substitute for any remedy KartSim is legally required to provide in respect of defective or non-conforming software.

11.5 Customers are encouraged to install free maintenance and security updates where recommended, provided that those updates are compatible with their existing software licence and hardware.

12. LIMITATION OF LIABILITY

12.1 Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot be excluded under consumer protection law.

12.2 KartSim does not accept responsibility for problems caused solely by unsupported hardware, unauthorised software modifications or incompatible third-party systems, except to the extent required by law or where KartSim has otherwise accepted responsibility.

12.3 KartSim licences supplied for personal and domestic use are not intended for commercial use. Subject to applicable law, KartSim will not be liable for business losses arising from unauthorised commercial use.

12.4 Nothing in these terms restricts a consumer's statutory rights or remedies.

13. TERMINATION OF LICENCE

13.1 KartSim may suspend or terminate a licence where the customer commits a material breach of these terms and, where the breach is capable of remedy, fails to remedy it within a reasonable period following written notice.

13.2 KartSim may take immediate proportionate action where reasonably necessary to address fraud, unlawful activity, serious security threats or other circumstances justifying immediate action.

13.3 Any termination or suspension will be subject to applicable consumer law.

13.4 The termination of a licence does not remove either party's rights or liabilities that have already accrued.

14. PERSONAL INFORMATION

14.1 KartSim may collect and process personal information necessary to process orders, activate software licences, provide technical support and comply with legal obligations.

14.2 Personal information will be handled in accordance with KartSim's Privacy Policy and applicable data protection legislation.

14.3 Customers may contact KartSim using the contact details in Section 2 regarding personal information and data protection enquiries.

15. CHANGES TO THESE TERMS

15.1 KartSim may update these Terms & Conditions from time to time to reflect changes in its business, products, applicable law or software licensing arrangements.

15.2 Any revised terms will be published on the KartSim website.

15.3 Changes to these terms will not retrospectively remove rights expressly granted under an existing purchase agreement or reduce statutory consumer protections.

15.4 New purchases will be governed by the terms applicable at the time the relevant contract is formed.

16. GENERAL PROVISIONS

16.1 If any provision of these terms is determined to be unlawful or unenforceable, the remaining provisions will continue to apply.

16.2 A delay by KartSim in enforcing any provision does not automatically waive its right to enforce that provision subsequently.

16.3 KartSim may transfer its rights and obligations under these terms where permitted by law and provided that doing so does not reduce the customer's contractual rights.

16.4 These terms are governed by the laws of England and Wales, subject to any mandatory consumer protections and jurisdiction rights applicable to the customer.

AGREEMENT

I hereby consent to immediate performance of the contract and acknowledge that I will lose my right of withdrawal from the contract once the download or streaming of the digital content has begun.

Upon purchasing a KartSim Software Product, I agree to these Software Terms & Conditions.