Terms of Service

Last updated: 11/3/2024

Welcome to DR Sim Manager, developed by Departed Reality LLC ("we", "us", "our"). By installing, accessing, or using DR Sim Manager, you ("User" or "you") agree to these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the application.

1. Acceptance of Terms

By using DR Sim Manager, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other guidelines, policies, or rules published by Departed Reality LLC in connection with DR Sim Manager.

2. Application Overview

DR Sim Manager connects to compatible flight and racing games and provides control over motion simulators. Due to the nature of the simulators, which can be large and capable of sudden movement, Users must exercise caution and follow all safety guidelines and instructions provided in the documentation and by the simulator's manufacturer.

3. User Responsibility

3.1 Proper Use

You agree to use DR Sim Manager only for its intended purpose and in compliance with all applicable laws, regulations, and safety guidelines.

3.2 Simulator Safety

It is your responsibility to ensure the safe operation of the motion simulator when using DR Sim Manager. You agree to follow all safety guidelines provided by the simulator manufacturer and understand that improper use of a motion simulator can result in injury or damage.

3.3 Supervision

If others are using the motion simulator under your control, you must supervise their use and ensure they are aware of all relevant safety information and guidelines.

4. Disclaimer of Warranties

4.1 As-Is Basis

DR Sim Manager 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, and non-infringement.

4.2 No Guarantee of Compatibility

We do not guarantee compatibility with all games, simulators, or hardware configurations.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Departed Reality LLC is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, physical injury, property damage, loss of data, loss of profits, or business interruption, arising out of or in connection with your use of DR Sim Manager, even if we have been advised of the possibility of such damages.

6. Indemnification

You agree to indemnify, defend, and hold harmless Departed Reality LLC, its officers, directors, employees, and agents, from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from or related to your use or misuse of DR Sim Manager.

7. Updates and Modifications

Departed Reality LLC reserves the right to modify, update, or discontinue DR Sim Manager or any part of it at any time without notice. These Terms may also be updated from time to time. Continued use of DR Sim Manager after changes are posted constitutes your acceptance of the new Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding related to DR Sim Manager shall be brought exclusively in the courts located within Texas.

If you are using DR Sim Manager outside of the United States, you are responsible for compliance with any applicable local laws. Departed Reality LLC makes no representation that DR Sim Manager is appropriate or available for use in other locations.

9. Contact Information

If you have any questions or concerns about these Terms or the application, please contact us at:

Departed Reality LLC Email: [e-mail]

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Acknowledgment By using DR Sim Manager, you acknowledge that you have read and understood these Terms and agree to be bound by them.