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Terms of Service

Last updated · January 10, 2026Version 1.0

1. Acceptance of Terms

Welcome to Telemetry Studio. These Terms of Service ("Terms") govern your access to and use of the telemetrystudio.com website and related services (the "Service") operated by Marketmotion LLC ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Additional Agreements: Your use of the Telemetry Studio desktop application is also governed by our End User License Agreement (EULA). Your privacy is governed by our Privacy Policy.

2. Description of Service

Telemetry Studio is a desktop application that enables users to sync activity telemetry data (GPS, speed, heart rate, cadence, power, and other sensor data from running, cycling, drone, and similar activities) with video, create real-time overlay visualizations, and export videos with telemetry overlays.

The Service includes:

  • The telemetrystudio.com website
  • License purchase and activation services
  • Trial management system
  • License validation API
  • Customer support

3. Eligibility

By using the Service, you represent and warrant that:

  • You are at least 16 years of age (or the age of majority in your jurisdiction)
  • You have the legal capacity to enter into this agreement
  • Your use of the Service does not violate any applicable law or regulation

4. Account and Registration

4.1 License Purchase

To purchase a license, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your License Key.

4.2 Accuracy of Information

You agree to provide accurate, current, and complete information and to update such information to maintain its accuracy.

5. Trial License

5.1 Trial Period

We offer a fourteen (14) day free trial of the Telemetry Studio desktop application. The trial provides full functionality with watermarked exports.

5.2 Trial Limitations

  • One trial per device
  • Trial cannot be extended or restarted
  • Exports include a watermark during the trial period

5.3 Trial Data Collection

During trial activation, we collect a device identifier to prevent trial abuse and enforce the one-trial-per-device limitation. This is processed under our legitimate interest in fraud prevention.

5.4 Trial Expiration

Upon expiration of the trial period, the software will enter restricted mode. Your project files and settings remain on your device. You may purchase a license at any time to restore full functionality.

6. Purchases and Payments

6.1 License Pricing

Current pricing is displayed on our website. Prices are in U.S. dollars unless otherwise indicated. We reserve the right to change pricing at any time; price changes will not affect existing paid licenses.

6.2 Payment Processing

All payments are processed by Polar.sh, a third-party payment processor. By completing a purchase, you agree to Polar.sh's terms of service. We do not store your credit card information.

6.3 License Delivery

Upon successful payment, your License Key will be delivered via email to the address provided during checkout.

6.4 Taxes

Prices do not include applicable taxes. You are responsible for all taxes associated with your purchase, except where we are legally required to collect them.

7. Refund Policy

We offer a 30-day money-back guarantee on all purchases. Please see our Refund Policy for complete details.

Summary:

  • Full refund within 30 days of purchase
  • Request via email to bart@telemetrystudio.com
  • License will be deactivated upon refund
  • Issues discoverable during the free trial may not qualify

For EU Customers: By completing your purchase, you consent to immediate delivery of the License Key and acknowledge that you waive your 14-day withdrawal right once the license is delivered.

8. Acceptable Use

You agree NOT to use the Service to:

  • Violate any applicable law or regulation
  • Infringe upon the intellectual property rights of others
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Service
  • Scrape, harvest, or collect information from the Service without authorization
  • Redistribute, resell, or share License Keys
  • Circumvent license validation or security measures
  • Use automated systems (bots, scripts) to access the Service without permission
  • Engage in any activity that could damage our reputation or goodwill

9. API Usage

9.1 License Validation API

Our license validation and activation APIs are intended solely for use by the official Telemetry Studio desktop application. Unauthorized access or use of these APIs is prohibited.

9.2 Rate Limiting

We reserve the right to implement rate limits to ensure fair usage and service availability.

9.3 API Modifications

We may modify, suspend, or discontinue the APIs at any time without notice.

10. Intellectual Property

10.1 Our Rights

The Service, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and underlying code), is owned by Marketmotion LLC and is protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purposes, subject to these Terms.

10.3 Your Content

You retain ownership of any content you create using the Software (e.g., exported videos, project files). By using the Service, you grant us no rights to your content except as necessary to provide the Service.

10.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without compensation to you.

10.5 Trademarks

"Telemetry Studio" and our logos are trademarks of Marketmotion LLC. You may not use our trademarks without prior written permission.

11. Third-Party Services

11.1 Third-Party Integrations

The Service integrates with third-party services including Strava, Mapbox, and Polar.sh. Your use of these services is subject to their respective terms and privacy policies.

11.2 Third-Party Links

The Service may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites.

11.3 No Endorsement

Reference to any third-party products, services, or organizations does not constitute an endorsement by us.

12. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED
  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARKETMOTION LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS
  • LOSS OF DATA
  • LOSS OF GOODWILL
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100).

Exceptions: These limitations do not apply to liability arising from our gross negligence, willful misconduct, fraud, or as otherwise prohibited by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Marketmotion LLC and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or third-party rights
  • Any content you create, submit, or share through the Service

15. Term and Termination

15.1 Term

These Terms remain in effect while you use the Service.

15.2 Termination by You

You may stop using the Service at any time.

15.3 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment (for paid services)

15.4 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account data (excluding data we are required to retain by law)
  • Sections 10, 12, 13, 14, 16, and 17 survive termination

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

16.2 Jurisdiction

Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.

16.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Exclusion of UN Convention

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, EULA, and any other documents incorporated by reference, constitute the entire agreement between you and us regarding the Service.

17.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Notices

We may provide notices to you via email, through the Service, or by posting on our website.

17.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control.

17.7 Headings

Section headings are for convenience only and have no legal effect.

18. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website, updating the "Last Updated" date, and sending an email notification (for material changes).

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

19. Contact Us

If you have questions about these Terms, please contact us:

Marketmotion LLC
Email: bart@telemetrystudio.com
Website: https://telemetrystudio.com

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.