RaceCarHealth

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PitWall Terms of Service

Effective date: July 1, 2026

Welcome to PitWall. These Terms of Service (the "Terms") are a binding agreement between you and Billy Jack Racing LLC, a Texas limited liability company, doing business as Convergence Engineering ("Convergence," "we," "us," "our"). They govern your access to and use of PitWall (the "Service"), our software platform for motorsports teams. Convergence Engineering also provides motorsports services and hardware; these Terms apply only to the PitWall software service, not to any other Convergence product or service. Please read these Terms carefully — by creating an account or using the Service, you agree to them.

1. Acceptance and Eligibility

By creating an account, joining a Team, or otherwise accessing or using the Service, you accept these Terms and our Privacy Policy, which explains how we handle personal data and is incorporated into these Terms by reference. If you do not agree, do not use the Service.

To use the Service you must:

  • be at least 13 years old;
  • if you are under 18, have a parent or legal guardian who has reviewed these Terms and agrees to them on your behalf (motorsports teams include drivers who are minors; minor members participate through their Team under this consent); and
  • if you accept these Terms on behalf of a Team or other organization, be of legal age to form a binding contract and have the authority to bind that organization. In that case, "you" also refers to the organization.

The Service is a business tool intended for use by motorsports teams and their members. It is not directed to children under 13, and you may not use it if you are under 13.

2. The Service

PitWall is a multi-tenant software-as-a-service platform for race teams. The Service currently includes VitalScan, which:

  • accepts uploads of GEMS CSV telemetry log files (race-car sensor data);
  • runs automated health checks against that telemetry (for example, channel threshold and conditional checks); and
  • presents the results in dashboards and exportable reports, organized by team, car, and session.

We plan to offer additional products under the PitWall platform in the future (currently named SetupBook, LapLogger, and LapOracle). Planned products are not part of the Service until we actually release them, and pre-release or beta features are provided under Section 8.

Health-check results are informational only. The Service analyzes the telemetry data you upload and reports what it finds according to the checks configured for your cars. A "Pass" result (or any other result) is not a certification, inspection, guarantee, or warranty of vehicle safety, mechanical condition, or fitness to operate. Telemetry can be incomplete, mis-calibrated, or mis-mapped, and automated checks can produce false positives and false negatives. Motorsports is inherently dangerous. Your Team remains solely responsible for the inspection, maintenance, preparation, and safe operation of its vehicles and for all decisions about whether and how to run them. Do not rely on the Service as a substitute for qualified mechanical inspection or professional judgment.

3. Accounts and Teams

Individual accounts. You need an account to use the Service. Accounts belong to individual people. You agree to provide accurate account information, keep your credentials confidential, and notify us promptly at support@cvgeng.com if you suspect unauthorized use of your account. You are responsible for activity that occurs under your account. Authentication is provided through our identity provider (currently Clerk), supporting email/password sign-in and Google single sign-on.

Teams. A "Team" is a customer organization within the Service (implemented as an organization in our identity provider). Team data is scoped to the Team: members of one Team cannot access another Team's data. Team administrators control who is a member of their Team and what roles members hold, and they may add or remove members at any time. If you use the Service as a member of a Team, the Team's administrators can access and control Team Content you create or upload, and your access to that content depends on your continued membership and role in the Team.

Team responsibility. Each Team is responsible for its members' use of the Service in connection with that Team, including compliance with these Terms.

4. Acceptable Use

You agree not to, and not to permit or encourage anyone else to:

  • access or attempt to access accounts, Teams, or data that do not belong to you, or probe, circumvent, or abuse the Service's multi-tenant isolation, authentication, or access controls;
  • upload or transmit content that is unlawful, infringing, or that you do not have the right to provide;
  • upload malicious code or use the Service to distribute malware;
  • interfere with or disrupt the Service, its infrastructure, or other users' use of it, including by imposing an unreasonable load on our systems;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent a law expressly permits it despite this restriction;
  • copy, scrape, or systematically extract the Service or its content, other than your own Team Content;
  • resell, sublicense, rent, or otherwise make the Service available to third parties as a commercial offering without our prior written consent;
  • use the Service to build a competing product, or misrepresent your affiliation with a Team or with Convergence;
  • use automated means (bots, scripts) to access the Service other than through interfaces we provide and document; or
  • use the Service in violation of applicable law.

We may investigate suspected violations and may suspend or terminate access under Section 12.

5. Team Content and Data

Your Team owns its data. "Team Content" means the data and files that a Team or its members upload to or create in the Service, including team names, car and car-type records, sessions, uploaded GEMS CSV telemetry files, and the records derived from them (such as file records, check runs, and check results). As between you (and your Team) and Convergence, the Team owns its Team Content. These Terms do not transfer ownership of any Team Content to us.

License to us. So that we can run the Service, you grant Convergence a limited, non-exclusive, worldwide, royalty-free license to host, store, process, analyze, reproduce, display, and transmit Team Content, solely as needed to (a) provide, maintain, secure, and support the Service; (b) run the health checks and produce the dashboards and reports the Service exists to provide; and (c) improve and develop the Service. We do not use Team Content to train AI models, and we will not sell Team Content. Our handling of personal data is described in our Privacy Policy.

Your responsibilities. You represent that you have the rights needed to upload your Team Content and to grant the license above, and that your Team Content does not violate law or third-party rights. We do not monitor Team Content, and we are not responsible for its accuracy or quality — the results the Service produces depend on the data you upload.

Deletion. You may delete Team Content through the Service where deletion features are available, or request deletion by contacting us at support@cvgeng.com. Upon termination of a Team's use of the Service, or upon a verified deletion request from a Team administrator, we will delete the Team's Team Content within a reasonable period, except where retention is required by law or for legitimate backup and audit purposes, in which case deletion occurs when those copies expire in the ordinary course.

6. Our Intellectual Property; Feedback

The Service itself — including the software, the health-check engine and check definitions we provide, dashboards, report formats, designs, and the PitWall and Convergence Engineering names and branding — is owned by Convergence and its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, we grant you no rights in the Service or our branding. You may not use our names, logos, or trademarks without our prior written consent.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose, without obligation or compensation to you. This does not apply to your Team Content, which remains governed by Section 5.

7. Entitlements, Subscriptions, and Future Billing

Free today. The Service currently has no paid plans. VitalScan is currently made available to every Team at no charge, and we do not collect any payment information.

Future paid plans. We may introduce paid subscriptions, tiers, or usage-based pricing in the future. If we do, paid plans will be offered under their own pricing and payment terms presented to you at that time, and no Team will be charged without agreeing to those terms. We may also change which products or features are included in any free offering; if a feature your Team relies on moves to a paid plan, we will provide reasonable advance notice.

Entitlements. Your Team's access to specific PitWall products is controlled by entitlements we assign to the Team. We may adjust entitlements as products launch, change, or are retired, subject to the notice commitments above.

8. Beta and Prototype Features

We may make pre-release, beta, preview, or prototype features or products available (including, when released in early form, SetupBook, LapLogger, and LapOracle, and any feature we label beta, preview, or similar). Beta features:

  • are provided "as is" for evaluation, without any warranty or commitment of any kind;
  • may be changed, suspended, or discontinued at any time without notice;
  • may be less reliable and less tested than the rest of the Service, and data created in them may be modified or lost; and
  • may be subject to additional terms presented when you enable them.

Do not rely on beta features for anything important to your Team's operations.

9. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONVERGENCE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT HEALTH-CHECK RESULTS, DASHBOARDS, OR REPORTS WILL BE ACCURATE, COMPLETE, OR RELIABLE. AS STATED IN SECTION 2, HEALTH-CHECK RESULTS ARE INFORMATIONAL ONLY AND ARE NOT A WARRANTY OR GUARANTEE OF VEHICLE SAFETY OR MECHANICAL CONDITION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) No indirect damages. NEITHER CONVERGENCE NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM RELIANCE ON HEALTH-CHECK RESULTS, DASHBOARDS, OR REPORTS, OR FROM VEHICLE DAMAGE, MECHANICAL FAILURE, PERSONAL INJURY, OR RACE OUTCOMES.

(b) Cap. CONVERGENCE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU OR YOUR TEAM PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM — WHICH, BECAUSE THE SERVICE IS CURRENTLY PROVIDED FREE OF CHARGE, MAY BE ZERO — AND (ii) ONE HUNDRED U.S. DOLLARS (US $100).

(c) Basis of the bargain. The limitations in this Section reflect the allocation of risk between the parties and apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this Section may not apply to you; in that case, our liability is limited to the greatest extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law.

11. Indemnification

You (and, where you use the Service on behalf of a Team, the Team) will defend, indemnify, and hold harmless Convergence and its members, managers, officers, employees, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Team Content, including any claim that it infringes or violates third-party rights or law; (b) your or your Team's use of the Service in violation of these Terms or applicable law; or (c) decisions or actions taken by you or your Team in reliance on the Service's outputs, including vehicle operation, maintenance, and safety decisions. We will provide reasonable notice of any claim subject to this Section and may participate in the defense with counsel of our choosing at our own expense. You may not settle any claim in a way that imposes obligations on us without our prior written consent.

12. Suspension and Termination

By you. You may stop using the Service and delete your account at any time. A Team administrator may end the Team's use of the Service at any time.

By us. We may suspend or terminate your access to the Service, or a Team's access, if: (a) you or the Team materially breach these Terms (including the Acceptable Use rules in Section 4) and, where the breach is curable, fail to cure it within a reasonable time after notice; (b) we reasonably believe suspension is necessary to protect the Service, other users, or third parties, or to comply with law; or (c) we discontinue the Service or a product within it, in which case we will give reasonable advance notice where practicable.

Effect on Team Content. Upon termination of a Team's use of the Service, the Team's ability to access its Team Content through the Service ends. Team Content will be handled as described in Section 5 (Deletion). If practicable, we will provide a reasonable opportunity to export Team Content before deletion, but you are encouraged to keep your own copies of your uploaded telemetry files — the Service is not a backup or archival service.

Survival. Sections that by their nature should survive termination (including Sections 5 (license, only as needed to complete deletion), 6, 9, 10, 11, 14, 15, and 16) survive.

13. Changes to the Service and to These Terms

Changes to the Service. PitWall is an evolving product. We may add, change, or remove features and products over time. We will not materially reduce the core functionality your Team actively uses without reasonable advance notice, except where changes are needed for security or legal reasons.

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you before the changes take effect — by email to the address associated with your account, by notice within the Service, or both — and we will update the effective date above. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service before the changes take effect.

14. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 15, the state and federal courts located in the Texas county where Convergence maintains its principal place of business will have exclusive jurisdiction over any dispute, and each party consents to personal jurisdiction and venue in those courts.

15. Dispute Resolution

Informal resolution first. Before filing a claim, you agree to contact us at support@cvgeng.com and give us 30 days to try to resolve the dispute informally. Most concerns can be resolved this way.

Courts. If we cannot resolve a dispute informally, it will be resolved exclusively in the courts identified in Section 14.

16. Miscellaneous

  • Entire agreement. These Terms, together with our Privacy Policy and any additional terms presented for specific features (such as beta terms or, in the future, paid-plan terms), are the entire agreement between you and Convergence regarding the Service and supersede any prior agreements on that subject.
  • Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable (or severed if it cannot be), and the rest of the Terms remain in effect.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
  • No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later. Waivers must be in writing.
  • Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations, if any) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, or failures of third-party hosting or infrastructure providers.
  • No third-party beneficiaries. These Terms create no rights for third parties.
  • Relationship. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
  • Notices. We may provide notices by email to the address associated with your account or within the Service. Legal notices to us should go to the contact address in Section 17.

17. Contact

Questions about these Terms, and legal notices or disputes, should be directed to:

Billy Jack Racing LLC, a Texas limited liability company, doing business as Convergence Engineering ("Convergence," "we," "us," "our")