Terms of Sale and License

These terms cover buying and using Data Overlay, desktop software for Mac and Windows made by PashaK Media LLC ("we", "us"). By buying or using Data Overlay you agree to them. If you don't agree, don't buy or use the software. Nothing in these terms limits rights you have under consumer law that can't be waived.

1. Who sells it

Orders are processed by Polar Software, Inc. ("Polar"), our online reseller and merchant of record. Polar takes your payment, issues your receipt and invoices, and handles sales tax and VAT. Your purchase is also covered by Polar's Buyer Terms. Your license to use Data Overlay comes from us, under these terms.

2. Plans and billing

Subscription

A subscription gives you Data Overlay, including new features and sports we release while your subscription is active.

• Monthly: billed each month. For one computer, $19.99 a month.
• Quarterly: billed every 3 months. For one computer, $39.99 every 3 months.
• Yearly: billed each year. For one computer, $79.99 a year.
• Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel anytime in the customer portal. Canceling takes effect at the end of the period you've already paid for, and you keep access until then.

One-time purchase

For a single payment ($129.99 for one computer) you get a license to Data Overlay version 2, including the bug-fix updates we release for version 2. Features and sports added after version 2 are released to subscribers and aren't included.

Prices

Number of computers

Every plan is sold for a number of computers, from one to five. The price for each number is shown on our website and at checkout. For six or more, contact us for a quote.

Prices

Prices are in US dollars. Sales tax or VAT is calculated at checkout. We may change prices. A new subscription price applies from your first renewal after we tell you about it, and you can cancel before then.

3. Your license

Once you've paid, we give you a non-exclusive, non-transferable license to install and use Data Overlay, for personal or business use, on as many computers as you paid for, Macs and PCs in any mix, that you own or control. If you buy for a business, its employees and contractors may use Data Overlay on those computers for that business.

• Subscription license: lasts while your subscription is active, including the paid time after you cancel. When the subscription ends, so does your right to use the subscription version.
• One-time license: doesn't expire, unless it ends because you break these terms.

You may not:

• share, sell, rent or sublicense Data Overlay, your license or your download links
• use Data Overlay on more computers than you paid for
• remove or get around license checks
• reverse engineer, decompile or disassemble the software, except where the law allows it despite this limit

4. What you make is yours

The overlays and videos you create with Data Overlay belong to you. You can use them anywhere, including monetized videos and paid client work. You're responsible for having the rights to the footage and data you use.

5. Your files

Data Overlay reads and renders your files on your computer. We don't receive your activity logs or videos. See the privacy policy.

6. Refunds and cancellation

All sales are final. The refund policy explains cancellation and how we handle billing mistakes.

7. Updates and support

We may update Data Overlay to fix problems, add features or keep it working with new operating systems. For help, email support@gpsoverlay.com. Please check the system requirements and supported files before you buy. We can't promise the software will work with every computer, file or editor.

8. Not for navigation or safety

Data Overlay draws gauges for video. Its values can be estimated (for example, attitude worked out from a GPS track) or differ from your real instruments and devices. Never use it for navigation, flight or dive planning, training records or any purpose where safety depends on it.

9. No warranty

To the fullest extent the law allows, Data Overlay is provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

10. Limit of liability

To the fullest extent the law allows, we aren't liable for indirect, incidental, special or consequential damages, or for lost data, footage or profits. Our total liability for any claim is limited to what you paid for Data Overlay in the 12 months before the claim. Some places don't allow these limits, so they may not apply to you.

11. Ending the license

If you break these terms, we may end your license by telling you. You must then stop using Data Overlay and delete it.

12. Trademarks

Garmin, G5, ForeFlight, Premiere Pro, Final Cut Pro, Strava, Zwift, FlySight and other product names are trademarks of their owners. Data Overlay is not affiliated with or endorsed by them.

13. Changes to these terms

We may update these terms. The date at the top shows the current version. Changes apply to purchases and renewals made after they're posted.

14. Contact

Email support@gpsoverlay.com.