Terms of Service

1. General and Applicability

1.1 These Terms of Service (hereinafter: "Terms") apply to every user of the Digital Endurance App platform (hereinafter: the "Platform") and of competitions organized by the Digital Motorsports Club, including the Digital Endurance Championship (hereinafter collectively: "DMC"). This includes drivers, team managers, Staff, Officials and administrators, in every capacity in which they use the Platform. Holding a role within an organisation does not exempt anyone from these Terms.

1.2 By creating an account, logging into the Platform, or participating in an event, the User explicitly and unconditionally agrees to these Terms.

1.3 DMC reserves the right to amend these Terms at any time. Users will be notified of any changes via the Platform or by email.

2. Account, Registration, and Identity

2.1 To use the Platform, the User must create an account. This requires a mandatory linkage with a valid Discord account and a Steam account (Steam64 ID).

2.2 The User is required to use their real first and last name. Pseudonyms or aliases are not permitted and may result in the refusal or termination of the account. Requests to correct a name are reviewed by DMC before they take effect.

2.3 The account is strictly personal. It is prohibited to share login credentials or allow third parties to race on behalf of the User ("account sharing").

2.4 DMC processes personal data in accordance with the European General Data Protection Regulation (GDPR). More information can be found in our Privacy Policy.

3. Sporting Regulations and Enforcement

3.1 In addition to these Terms, the User is bound by the Sporting Regulations of the respective competition. The division of authority between the Race Director and the Stewards, and all sporting procedure, is set out there rather than in these Terms.

3.2 Permanent exclusion from the Platform. In the event of serious or repeated violations of these Terms, including but not limited to intentional wrecking, cheating, or toxicity, DMC may permanently ban a User, revoking access to the Platform and to all DMC competitions. A permanent ban is an administrative sanction under these Terms and is separate from any sporting penalty issued under the Sporting Regulations.

3.3 Appeals and finality. Sporting decisions and penalties may be appealed under the Sporting Regulations. An appeal decision is final and binding. Disagreement with any decision, penalty or appeal outcome shall never constitute valid grounds for a refund, credit, or bank payment dispute (chargeback).

3.4 Screening of Applications: DMC may take into account a User's or team's conduct in previous competitions and events, whether or not those competitions were run under DMC's governance, when considering an application to compete. Where a name submitted at registration corresponds to a record held for this purpose, the application is placed on hold and reviewed by a person. That review has three possible outcomes: the application proceeds unaffected; the application proceeds with a note recorded against it; or the application is declined. No application is declined automatically, and no application is declined unless DMC has established that the applicant is the same individual or team as the person the record concerns.

3.5 Where an application is declined under Article 3.4, DMC will inform the User and will state that they may reply if they believe DMC has identified the wrong person or holds an inaccurate record. DMC will review any such reply and correct its records where warranted. Where DMC establishes that it identified the wrong person, the application is reinstated.

4. Payments, Entry Fees, and Refund Policy

4.1 Entry Fees for championships and events are charged and processed through our payment partner, Stripe. All prices shown are inclusive of applicable VAT unless stated otherwise.

4.2 Refunds are governed by the Refund Policy, which forms part of these Terms and which you should read before you pay. In summary: an entry fee is not refunded where a team withdraws, is disqualified or banned, or cannot take part for reasons on its own side; and it is refunded, in whole or in proportion, where DMC cancels a season, postpones its start by more than 30 days, or declines an entry after taking payment.

4.3 Your statutory rights are not affected. Nothing in these Terms or in the Refund Policy limits any right you have under Dutch or European Union consumer law, and where they conflict, the law prevails.

4.4 No 14-day right of withdrawal applies to a season entry. A championship entry is a service relating to a leisure activity taking place on set dates, which is excepted from the right of withdrawal under Article 16(l) of Directive 2011/83/EU as implemented in Dutch law. This is explained in the Refund Policy.

4.5 If you believe a refund is due, contact us before raising a dispute with your bank. Doing so is not a breach of these Terms, and we will respond to any refund request within 14 days.

5. Availability of the Service and Force Majeure

5.1 DMC strives to make the Platform and the DMC game servers available without interruptions but provides these services on an "as is" and "as available" basis, without any warranties.

5.2 DMC is not liable for downtime, data loss, or the inability to run an event due to unforeseen circumstances beyond its control (force majeure). This explicitly includes:

• Bugs, glitches, or server instability caused by the Le Mans Ultimate software.

• Interruptions or failures of external infrastructure partners (such as RaceControl.gg, Stripe, Cloudflare, or cloud hosting providers).

• Netcode issues or delays in telemetry synchronization.

5.3 In the event of server crashes or severe platform issues, the Staff has the exclusive right to suspend (Red Flag) or cancel the event. Any awarding of reduced championship points will be done in accordance with the Sporting Regulations.

6. Limitation of Liability

6.1 DMC's total liability for an attributable failure to perform any obligation under these Terms is limited to a maximum of the amount paid by the respective User (or their Team Manager) to DMC for the specific event or season to which the claim relates.

6.2 DMC is never liable for any form of indirect damages, including but not limited to lost sponsorship income, loss of digital assets, or reputational damage.

7. Intellectual Property

7.1 All intellectual property rights related to the Platform (including the code, layout, texts, templates, and graphical elements generated by the application) rest exclusively with DMC or its licensors.

7.2 By uploading content to the Platform (such as team logos), the User grants DMC a non-exclusive, worldwide, royalty-free license to use and display this content within the Platform and for broadcasting and promotional purposes (such as livestreams and social media posts) of the competition. The User warrants that they possess the necessary rights to upload this content.

7.3 Scanning and rejection of uploaded content. All uploaded files are scanned for malicious software before being made available on the Platform. DMC may reject and delete any file that fails this check, and may reject or remove content that infringes the rights of a third party or breaches these Terms. Where a file is rejected, the User is notified and may upload a replacement. Rejection of a file does not invalidate the submission it accompanied; see the Sporting Regulations for the treatment of submission deadlines.

8. Governing Law and Jurisdiction

8.1 These Terms, as well as any disputes or claims arising out of or in connection with them, are exclusively governed by Dutch law.

8.2 All disputes between DMC and the User will be submitted exclusively to the competent court of the District Court of the Northern Netherlands (Rechtbank Noord-Nederland), location Groningen.