EULA

Who We Are and What This Agreement Does

We, PACER Ventures Limited, of Flat 2 Tennyson House, 5–9 Culford Gardens, London, England, SW3 2SX, license you to use:

• The PACER mobile application software (“App”) and any updates or supplements to it.
• The service you connect to via the App and the content we provide through it based on the service tier you select (“Service”).

The Service is initially provided to users based in the United Kingdom only.

Your Privacy

Under data protection legislation, we are required to provide certain information about who we are, how we process your personal data, your rights, and how to exercise them.

You can read this information here:

Privacy Notice
Cookie Policy

Our Service includes social networking features. Please ensure that you do not submit personal data that you do not want to be seen, collected, or used by other users.

App Store Terms

The ways in which you can use the App may also be controlled by the applicable app store’s rules and policies, including:

• Apple App Store
• Google Play Store

Where there are differences between those rules and these terms, the app store rules will apply.

Operating System Requirements

The App requires:

An iPhone or Android smartphone device
Minimum 1 GB RAM
Minimum 200 MB free storage
iOS 15.1 or later
Android 7.0 (API level 24) or later
Internet connection

Some features also require location services to be enabled.

Support and Contact Information

If you would like to learn more about the App or Service, or need support, please email: support@pacertrain.com

Contacting Us

If you believe the App or Service is faulty, misdescribed, or if you wish to contact us for any reason, please email: support@pacertrain.com

How We Will Contact You

We may contact you by email or SMS using the contact details you provide to us.

How You May Use the App

In return for complying with these terms, you may:

• Download or stream a copy of the App onto your personal mobile devices.
• Use and display the App and Service for personal purposes only.
• Make one backup copy of the App, provided you comply with the licence restrictions below.
• Receive and use updates, patches, and corrections we provide.

Age Requirement

You must be 18 years or older to accept these terms and use the App.

Transfer

The App and Service are licensed to you personally. You may not transfer the App or Service to another person for free or for payment. If you sell a device with the App installed, you must remove the App first.

Changes to These Terms

We may update these terms to reflect: Changes in law, Best practice, New features or functionality

We will provide at least 30 days’ notice via SMS or in-app notification.

If you do not accept the updated terms, you must stop using the App and Service. Where applicable, you may request a refund through the relevant app store.

Updates to the App and Service

We may automatically update the App to: Improve performance, Enhance functionality, Address security issues, Support operating system changes

If you choose not to install updates, some or all functionality may stop working. The App is designed to work with the current and previous versions of supported operating systems.

If You Use a Device Owned by Someone Else

If you install the App on a device you do not own, you must have the owner’s permission. You remain responsible for complying with these terms.

Third-Party Websites

The App or Service may include links to third-party websites. We do not control or approve those websites and are not responsible for their content or privacy policies. You should make your own decisions about whether to use them.

Licence Restrictions

You agree that you will not:

• Rent, lease, sub-license, loan, or otherwise make the App or Service available to others without our written consent.
• Copy the App or Service except where necessary for normal use, backup, or operational security.
• Modify, adapt, translate, merge, or alter the App or Service.
• Reverse engineer, decompile, disassemble, or create derivative works from the App or Service except where permitted by law.
• Breach applicable export control or technology laws.

Where reverse engineering is legally permitted for interoperability purposes, any information obtained:

• Must remain secure
• Must not be shared unnecessarily
• Must not be used to create substantially similar software
• Must only be used for the permitted objective

Acceptable Use Restrictions

You must not:

• Use the App unlawfully or fraudulently
• Introduce malicious code, viruses, or harmful material
• Infringe intellectual property rights
• Upload defamatory, offensive, or objectionable material
• Damage or interfere with the App, systems, or other users
• Collect or harvest data from the Service or systems

Intellectual Property Rights

All intellectual property rights in the App and Service belong to PACER Ventures Limited or its licensors. The App and Service are licensed, not sold, to you.

Our Responsibility for Loss or Damage

Foreseeable Loss

We are responsible for foreseeable loss or damage caused by our failure to comply with these terms or to use reasonable care and skill.

Liability We Cannot Exclude

Nothing in these terms excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot legally be excluded

Damage to Your Device

If defective digital content supplied by us damages your device or digital content, we will repair the damage or provide compensation. We are not responsible for damage caused by failure to install updates or follow installation instructions.

Business Losses

The App is for personal and domestic use only. We are not liable for:

• Loss of profit
• Loss of business
• Business interruption
• Loss of business opportunity

Information and Sporting Objectives

The App and Service are intended for general information and support in sporting activities only. They do not provide professional advice. You should seek professional advice before relying on information provided through the App or Service. We do not guarantee that information is accurate, complete, or up to date.

Backups

We recommend backing up any content or data used with the App.

Suitability

Please ensure the App and Service meet your requirements before using them.

Events Outside Our Control

We are not responsible for delays caused by events outside our reasonable control, provided we take reasonable steps to minimise disruption.

Ending Your Rights to Use the App

We may terminate your right to use the App and Service if you seriously breach these terms. If the issue can be corrected, we will provide a reasonable opportunity to do so. If your rights are terminated:

• You must stop using the App and Service immediately.
• You must delete all copies of the App.
• We may remotely disable or remove the App from your devices.

Transfer of Rights

Our Rights. We may transfer our rights and obligations under these terms to another organisation.

Your Rights. You may only transfer your rights or obligations with our written consent.

Third-Party Rights

No person other than you and us has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.

If Part of This Agreement Becomes Invalid

If any part of these terms is found unlawful or unenforceable, the remaining provisions will continue in force.

Delays in Enforcement

If we delay enforcing our rights, this does not mean we waive them.

Governing Law

These terms are governed by English law. You may bring legal proceedings in:

• English courts
• Scottish courts (if you live in Scotland)
• Northern Irish courts (if you live in Northern Ireland)