Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Adrian Dokoza (“us”, “we”, or “our”), the developer and operator of the Apex Wizard mobile application (the “App”) and the website at apex-wizard.com (the “Website”, together the “Service”). By downloading, accessing, or using the Service, you confirm that you accept these Terms and agree to comply with them.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding contract, in order to use the Service. If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

Apex Wizard is designed to serve as a digital logbook and an educational reference tool for physical motorcycle chassis setup optimisation, telemetry, and maintenance data.

The information, recommendations, calculations, and troubleshooting steps provided by the Service are for general informational purposes only and do not constitute professional mechanical, engineering, safety, or riding advice. They are not a substitute for the judgement of a qualified motorcycle technician or suspension specialist, nor for your motorcycle manufacturer’s official documentation.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use the App on devices you own or control, and to access the Website, solely for your own non-commercial use.

You agree that you will not, and will not attempt to:

• copy, modify, reverse-engineer, decompile, or create derivative works of the Service, except to the extent this restriction is prohibited by applicable law;
• resell, sublicense, rent, or otherwise commercially exploit the Service or its content without our prior written permission;
• use the Service in any unlawful manner, or in any way that could damage, disable, or impair it or interfere with any other party’s use; or
• remove, obscure, or alter any proprietary notices contained in the Service.

The Service, including its software, design, text, graphics, logos, the “Apex Wizard” name and brand, and all related intellectual property, is owned by Adrian Dokoza or licensed to us and is protected by copyright, trademark, and other laws. These Terms do not transfer any ownership rights to you.

The data you create within the App — your bikes, setups, telemetry, and logs — remains yours. We claim no ownership over the content you generate.

Racetrack riding is inherently dangerous. Motorcycling, track riding, and modifying motorcycle components — including but not limited to suspension settings, tire pressures, and engine mappings — carry serious risk of injury or death. Suggested chassis adjustments and clicker recommendations are based on general physical dynamics, but the rider is solely responsible for verifying the mechanical safety and structural integrity of the vehicle before riding.

• You assume all liability.You assume all risks associated with adjusting your vehicle based on the Service’s recommendations or calculations.
• Verification is mandatory.You must consult your motorcycle’s official factory service manual to verify all torque specifications, fluid levels, and safe component operating ranges before making any physical changes.
• Tire pressures & fuel. Tire pressure recommendations and fuel consumption calculations are baseline estimates only. Actual safe operating values depend on your weight, riding style, track conditions, temperature, and wear level.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that any calculation, recommendation, or data it produces is accurate, complete, or suitable for your specific motorcycle or circumstances. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the maximum extent permitted by applicable law, in no event shall Adrian Dokoza, Apex Wizard, or any associated developers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages — including but not limited to mechanical failures, crashes, tire damage, or injuries — arising out of or in connection with your use of, or inability to use, the Service or any of its calculations or recommendations. This expressly includes:

• Personal injury or death resulting from crashes, loss of control, or mechanical failure at road or track speeds.
• Property damage, including damage to your motorcycle, tires, engine components, suspension internals, or third-party property.
• Data loss, including any loss of local setups, telemetry logs, or maintenance records stored within the App.

Where liability cannot be excluded but may be limited, our total aggregate liability to you for all claims arising out of or relating to the Service shall not exceed the greater of (a) the total amount you paid us for the Service in the twelve months preceding the claim, or (b) CHF 50. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our gross negligence or wilful misconduct, or for any liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless Adrian Dokoza and Apex Wizard from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use or misuse of the Service, your violation of these Terms, or your violation of any rights of a third party.

You alone are responsible for the safe mechanical operation of your vehicle. If you lack the mechanical proficiency or the specific tools required to safely alter your motorcycle’s suspension or tires, you must seek the assistance of a certified motorcycle mechanic or suspension specialist before making any physical change. You are also responsible for maintaining your own backups of any data you wish to preserve.

The App is distributed through the Apple App Store and Google Play. Your download and use of the App is also subject to the applicable terms of those platforms. You agree to comply with the relevant app-store terms, and you acknowledge that Apple Inc. and Google LLC are not parties to these Terms and are not responsible for the App or its content.

The Service may interoperate with or link to third-party services (for example, device cloud backups, or external websites). We do not control and are not responsible for the content, policies, or practices of any third-party service.

You may stop using the Service at any time by uninstalling the App. We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or where we reasonably consider it necessary. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for any disputes shall be the competent courts at the domicile of the developer in Switzerland. If you are a consumer, this does not deprive you of the protection of any mandatory provisions of the law of the country in which you reside, and you may also be entitled to bring proceedings in the courts of your country of residence where applicable law so provides.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Where changes are material, we will update the “Last updated” date at the top of this page. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you disagree with any part of the Terms, you must stop using the Service.

If you have any questions about these Terms, please contact us at info@apex-wizard.com.