Terms of Service and User Agreement
These Terms of Service (the "Terms") are a binding agreement between you and IQ Systems, LLC, an Oklahoma limited liability company ("IQ Systems," "we," "us," or "our"), governing your access to and use of the Apex Roping event management platform, the Apex Roping – Roper mobile application, and all related websites, software, equipment, and services (together, the "Platform"). By creating an account, accessing, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
1. Definitions
"Producer" means a user that organizes, manages, or hosts roping events using the Platform.
"Roper" means an individual user who competes in events, or who accesses results, video, statistics, or other content through the Platform.
"User," "you" means any Producer, Roper, or other person who accesses the Platform.
"Content" means any data, video, images, names, results, times, statistics, or other material submitted to, captured by, or generated on the Platform.
"Event Data" means entries, results, times, standings, payouts, and related records for a Producer's events.
"Aggregated Data" means data that has been combined across users and/or de-identified so that it does not reasonably identify any individual.
2. Accounts and Eligibility
You must provide accurate, current information when you register and keep it up to date. You are responsible for all activity under your account and for keeping your credentials secure. Notify us promptly of any unauthorized use.
You must be at least 13 years old to create an account or use the Platform. If you are at least 13 but under 18, you may use the Platform only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. A parent or guardian who approves an account for a minor is responsible for that minor's use of the Platform.
3. The Services
The Platform lets Producers create and manage seasons, events, and ropings, process entries, record times and results, and operate connected timing and arena equipment. It lets Ropers view results, access automatically captured run video and clips (kept for up to one year; see the Privacy Policy), and review performance statistics and history. Features, hardware behavior, and availability may change over time.
The Corral (classified listings). The Platform also offers "The Corral," a classified-listings bulletin board where Users may post horses, cattle, tack, trucks, trailers, farm equipment, and related items for sale or lease and communicate with one another directly. The Corral is a listing service only. IQ Systems does not participate in any Corral transaction, does not verify listings or Users, and is not a party to any sale, lease, exchange, negotiation, or dispute between Users. All payments, delivery, inspection, warranties, and title transfers are arranged directly between the buyer and seller, off the Platform. You use The Corral at your own risk and are responsible for verifying the accuracy of listings, the condition of any animal or item, the identity and trustworthiness of counterparties, and the lawfulness of any transaction before exchanging money, goods, or personal information. You agree that we have no liability for the acts or omissions of other Users, for the accuracy or legality of any listing, or for any transaction you enter into through The Corral.
4. Fees, Subscriptions, and Payment
Producer plans. Producers pay the fees agreed with IQ Systems, as shown on each Producer's Billing page. Pricing and terms for each Producer are set out in the Apex Roping – Producer Billing Terms and the Producer's Fee Schedule, which are incorporated into these Terms for that Producer.
Roper subscriptions. Ropers may access enhanced features through paid subscription tiers, and may buy single items such as a live-stream replay or a featured Corral listing. A free tier may also be offered. Feature sets and prices are described at the point of purchase. These purchases are made at roper.apexroping.com and are processed and sold by Stripe, through its Link service, acting as reseller and merchant of record; payment and receipts are handled under Stripe's applicable terms, and refunds follow this Section and our Refund Policy at roper.apexroping.com/refunds.
Billing and renewal. Paid subscriptions renew automatically for successive periods until cancelled. You authorize us (or our payment processor, or the applicable app store) to charge your payment method for each renewal until you cancel. You may cancel at any time, effective at the end of the current billing period. Cancelling stops the next renewal; your access continues until the end of the period you already paid for. If you delete your account, your subscription is not renewed and ends at the end of the period you paid for.
Taxes, changes, and refunds. Fees are exclusive of taxes, which you are responsible for. We may change pricing on prospective notice; changes take effect at your next renewal. Except where required by law, fees and purchases are non-refundable, including for a partial period, an unused replay, or a featured listing that ends early. Entry fees for events are paid to the Producer running the event, who decides whether to refund an entry; the IQ Systems online fee and card processing charge are not refunded. Please contact [email protected] before disputing a charge with your bank; a subscription whose payment is reversed through a dispute ends immediately, and a disputed single purchase is withdrawn. If you purchase through a third-party app store, that store's billing, cancellation, and refund rules also apply.
5. User Content, Video, and Likeness
You retain ownership of Content you submit. You grant IQ Systems a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, display, distribute, and otherwise use your Content to operate, provide, improve, market, and promote the Platform.
Competition footage, times, and results are captured as part of event operations. You grant IQ Systems and Producers the right to record, store, and use video, images, your name, and your likeness as captured in connection with events, for operating the Platform and for promotional purposes. You represent that you have all rights and consents needed for any Content you submit, including consents from any individuals appearing in it, and, for a minor, that a parent or guardian has provided that consent. You may not remove, alter, or claim ownership of competition footage or results captured for other participants.
6. Data Ownership and License
As between the parties, a Roper owns his or her own personal information, and a Producer owns its Event Data. Each of you grants IQ Systems a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to collect, host, process, analyze, and use that data to operate and improve the Platform and to create Aggregated Data.
IQ Systems exclusively owns all Aggregated Data and all statistics, benchmarks, models, and derived datasets it creates from use of the Platform. IQ Systems may use, license, sell, and otherwise commercialize Aggregated Data for any lawful purpose. This ownership and the licenses granted in this section survive termination of your account and these Terms.
7. Intellectual Property
The Platform, including all software, designs, and the Apex Roping names and logos and the names of our other products, is owned by IQ Systems and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from the Platform, or use our marks without written permission.
8. Acceptable Use
You agree not to: use the Platform unlawfully or to infringe others' rights; upload false results or tamper with times, entries, or payouts; interfere with or attempt to gain unauthorized access to the Platform or its hardware; scrape or extract data except as expressly permitted; or use the Platform to harass others or distribute harmful code.
9. Hardware and Timing Disclaimer
Arena equipment may be shared and may be limited to one active Producer at a time. Timing, equipment, and automated clipping features are provided on an "as is" basis and may produce errors, delays, or inaccuracies. Official times, penalties, results, and payouts are determined by the Producer or event officials, not by the Platform. IQ Systems is not responsible for competition outcomes, disputes, or decisions based on Platform output.
10. Third-Party Services
The Platform relies on third parties, including payment processors and app store providers such as Apple. Your use of those services is subject to their terms, and we are not responsible for their acts or omissions.
11. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED DOLLARS ($100).
13. Indemnification
You agree to indemnify and hold harmless IQ Systems and its members, officers, and agents from any claims, damages, and expenses (including reasonable attorneys' fees) arising from your Content, your use of the Platform, or your breach of these Terms.
14. Term and Termination
These Terms apply while you use the Platform. You may stop using the Platform at any time. We may suspend or terminate your access if you violate these Terms or for operational or legal reasons. Sections concerning Content and data licenses, data ownership, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.
15. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-laws rules. Except for claims seeking injunctive relief, any dispute arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered in Oklahoma County, Oklahoma. Each party waives any right to participate in a class or representative action. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and you consent to that jurisdiction and venue.
16. Assignment
You may not assign or transfer these Terms without our prior written consent. IQ Systems may freely assign or transfer these Terms and all rights and obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or equity. These Terms bind and benefit the parties' permitted successors and assigns.
17. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice through the Platform or by other reasonable means. Your continued use after the changes take effect constitutes acceptance.
18. Miscellaneous
These Terms, together with any Producer Agreement and our Privacy Policy, are the entire agreement between you and IQ Systems regarding the Platform. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control.
19. Contact
IQ Systems, LLC. Email: [email protected]. Website: https://roper.apexroping.com.