Terms of Service
Effective Date: August 19, 2026
Last Updated: August 19, 2026
These Terms of Service (“Terms”) govern your access to and use of the PDS website, online store, software, cloud services, products, and related services provided by Performance Data Systems (“PDS,” “we,” “us,” or “our”).
By accessing the PDS website, creating an account, purchasing a PDS product, downloading or using PDS software, subscribing to a PDS service, or otherwise using our services, you agree to these Terms.
If you do not agree to these Terms, please do not use the PDS website or services.
1. About Performance Data Systems
Performance Data Systems provides motorsports data acquisition hardware, sensors, modules, software, cloud services, accessories, and related products designed for vehicle performance measurement, data recording, analysis, and tuning.
PDS products and services are designed for racers, teams, tuners, vehicle developers, and performance enthusiasts who use data to better understand vehicle performance.
Our products are tools for collecting and analyzing vehicle information. Actual vehicle performance, reliability, safety, and race results depend on many factors outside PDS's control.
For questions about these Terms, products, orders, or services, please contact us using the information provided below.
2. Use of the PDS Website
You agree to use the PDS website only for lawful purposes and in accordance with these Terms.
You may not:
- Use the website in a way that violates applicable laws or regulations.
- Attempt to gain unauthorized access to PDS systems, accounts, networks, or data.
- Interfere with the operation or security of the website.
- Use automated systems to access or collect website content in a manner that violates applicable policies or restrictions.
- Copy, reproduce, distribute, modify, or exploit PDS website content without authorization.
- Misrepresent your identity or your relationship with PDS.
- Use PDS products, software, or services for unlawful purposes.
- Attempt to bypass security, licensing, authentication, or access controls.
PDS reserves the right to suspend or restrict access to the website or services when reasonably necessary to protect our systems, customers, intellectual property, or business.
3. Products and Services
PDS offers products and services that may include:
- Data loggers and data acquisition hardware
- Sensors and sensor modules
- XBus modules and accessories
- Caliper software
- Caliper Pro and related software functionality
- PDS Cloud services
- Cables and accessories
- Technical support, repair, and related services
Product specifications, compatibility, availability, features, and pricing may change without notice.
We make reasonable efforts to ensure that product descriptions, specifications, images, compatibility information, and other website information are accurate and current. However, minor differences may occur, and PDS does not guarantee that every website description, image, or specification will always be complete or error-free.
4. Orders and Purchases
When you place an order through the PDS website, you are submitting a request to purchase the selected products or services.
PDS reserves the right to accept, decline, or cancel an order for reasons including:
- Product availability
- Pricing or listing errors
- Suspected fraud or unauthorized activity
- Shipping restrictions
- Payment authorization issues
- Other circumstances that prevent PDS from fulfilling the order
If PDS cancels an order after payment has been processed, the applicable payment will be refunded.
An order is not considered accepted until PDS has confirmed the order.
5. Pricing and Availability
Prices displayed on the PDS website are subject to change.
PDS may correct pricing, product description, availability, or specification errors at any time. If an error affects an order that you have placed, PDS may contact you to provide the option to confirm the corrected information or cancel the order.
Product availability may change without notice.
6. Shipping and Delivery
PDS will ship products using the shipping method selected during checkout or otherwise communicated to you.
Estimated delivery dates are estimates and are not guaranteed unless expressly stated otherwise.
PDS is not responsible for delays caused by carriers, weather, customs, natural disasters, supply-chain disruptions, or other circumstances outside our reasonable control.
Customers are responsible for providing accurate shipping information. Additional charges may apply when an order must be reshipped because incorrect or incomplete shipping information was provided.
For complete information regarding returns, please review the PDS Return Policy.
7. Returns and Cancellations
Returns, exchanges, and order cancellations are subject to the PDS Return Policy applicable to the product or service purchased.
PDS accepts returns of defective products for a period of up to six months from the original date of purchase, subject to the applicable return requirements and evaluation process.
To arrange a return or request assistance, contact PDS Customer Service:
Phone: (949) 652-6300
Email: support@racepds.com
Certain products or services may have additional return requirements based on their configuration, customization, or nature.
Please review the complete PDS Return Policy before initiating a return.
8. Product Warranty
PDS products may be covered by an applicable PDS warranty provided with the product or published by PDS.
Warranty coverage may vary by product.
Unless otherwise stated in the applicable warranty, warranty coverage generally applies to defects in materials and workmanship under normal intended use and does not necessarily cover damage resulting from improper installation, misuse, modification, accident, electrical damage, racing-related damage, improper configuration, environmental exposure, or other conditions outside the intended operating requirements of the product.
Nothing in these Terms replaces or limits any warranty rights that cannot legally be excluded under applicable law.
For warranty questions, please contact PDS Customer Service.
9. Software
PDS software, including Caliper and related applications, is provided for use with supported PDS products and services.
Software may be updated, modified, improved, or discontinued over time.
You may not:
- Reverse engineer, decompile, or disassemble PDS software except where expressly permitted by applicable law.
- Copy or redistribute PDS software except as authorized by PDS.
- Remove copyright, trademark, or proprietary notices.
- Attempt to bypass software licensing, authentication, security, or access controls.
- Use the software to interfere with PDS systems or services.
PDS may release software updates that modify functionality, compatibility, performance, or system requirements.
10. PDS Cloud and Subscription Services
Certain PDS services may be provided through subscription-based or cloud-based services.
Subscription features, storage limits, account functionality, pricing, billing intervals, and available services are described on the applicable PDS service or checkout page.
PDS may modify or discontinue individual features as services evolve.
Where applicable, subscription-specific terms presented at the time of purchase will apply to the applicable service.
Additional terms may apply to individual subscription services.
11. Customer Accounts
Certain PDS services may require you to create an account.
You are responsible for:
- Providing accurate account information.
- Maintaining the security of your login credentials.
- Keeping account information current.
- Notifying PDS if you believe your account has been compromised.
You are responsible for activity conducted through your account unless the activity resulted from circumstances outside your reasonable control.
PDS may suspend or terminate accounts that violate these Terms or create a security, legal, or operational risk.
12. Customer Data and Uploaded Content
Certain PDS services may allow customers to upload, store, analyze, or otherwise process data, including vehicle logs, setup information, sensor data, notes, images, files, and other customer-provided content (“Customer Content”).
You retain ownership of your Customer Content.
You grant PDS the limited rights reasonably necessary to host, store, process, transmit, display, and otherwise provide the services associated with your Customer Content.
You represent that you have the necessary rights and permissions to upload and use Customer Content through PDS services.
PDS does not claim ownership of your vehicle data merely because you use PDS software or cloud services to store or analyze it.
PDS's handling of personal information is described in the PDS Privacy Policy.
13. Data Availability and Backups
PDS makes reasonable efforts to maintain the availability and integrity of its cloud services. However, no online service can guarantee uninterrupted availability or that data will never be lost or corrupted.
Customers should maintain appropriate copies or backups of important vehicle logs, setup information, and other Customer Content.
PDS is not responsible for loss of Customer Content resulting from circumstances outside our reasonable control, subject to applicable law and any specific service commitments expressly provided by PDS.
14. Intellectual Property
The PDS website, software, product designs, graphics, photographs, videos, documentation, logos, trademarks, trade names, text, and other materials provided by PDS are owned by or licensed to PDS and are protected by applicable intellectual property laws.
Except as expressly permitted by PDS, you may not reproduce, modify, distribute, publish, sell, license, create derivative works from, or commercially exploit PDS intellectual property.
Nothing in these Terms transfers ownership of PDS intellectual property to you.
PDS trademarks and logos may not be used without prior written permission.
15. Motorsports and Performance Disclaimer
PDS products and services are designed for motorsports, vehicle development, performance measurement, and related applications.
Motorsports and high-performance vehicle operation involve inherent risks, including vehicle damage, component failure, serious injury, and death.
PDS data acquisition and analysis products provide measurements and information. They do not guarantee vehicle performance, component reliability, tuning results, race results, or vehicle safety.
Data, measurements, calculations, analysis, alerts, recommendations, and other information provided through PDS products or software should be evaluated by qualified users in the context of the specific vehicle, application, operating conditions, and manufacturer's requirements.
You are solely responsible for determining whether a vehicle, component, tune, configuration, or operating condition is appropriate and safe for your application.
Never operate a vehicle in a manner that creates an unreasonable risk to yourself or others based solely on information provided by PDS software, data, or services.
16. Technical Information and Results
PDS makes reasonable efforts to provide accurate technical information about its products and services.
Vehicle performance and data acquisition results can be affected by installation, wiring, calibration, sensor selection, vehicle configuration, environmental conditions, electrical interference, firmware, software versions, mechanical conditions, and other factors.
PDS does not guarantee that a particular product or configuration will produce a specific performance result.
Where technical specifications or performance information are provided, they should be understood as applicable to the stated conditions and configuration.
17. Third-Party Products and Services
The PDS website or services may reference, integrate with, or provide links to third-party products, software, services, websites, or technologies.
PDS does not control third-party services and is not responsible for their availability, content, policies, security, or performance.
Your use of third-party products or services may be subject to separate terms and privacy policies provided by those third parties.
18. Privacy
Your use of the PDS website and services may involve the collection and processing of information.
PDS's handling of personal information is described in the PDS Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference where applicable.
19. Website Content and Educational Information
PDS may publish technical articles, product information, setup guidance, videos, data analysis information, educational materials, and other content through the website.
This content is provided for informational and educational purposes and is not a substitute for professional engineering, mechanical, electrical, legal, or other professional advice.
PDS may update, correct, modify, or remove website content at any time.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PDS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF PDS PRODUCTS, SOFTWARE, SERVICES, OR WEBSITE.
This may include, without limitation, loss of profits, loss of business, loss of data, loss of vehicle performance, loss of race results, business interruption, or damage to equipment or vehicles.
To the maximum extent permitted by applicable law, PDS's total liability arising from a particular purchase or service will not exceed the amount paid to PDS for the applicable product or service giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
21. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PDS and its affiliates, officers, employees, contractors, and service providers from claims, damages, liabilities, losses, costs, and expenses arising from:
- Your violation of these Terms.
- Your unlawful use of PDS products or services.
- Your violation of another person's rights.
- Your Customer Content.
- Your misuse, modification, installation, or operation of PDS products.
22. Changes to These Terms
PDS may update these Terms from time to time.
When changes are made, PDS will update the “Last Updated” date shown at the beginning of this page.
Your continued use of the PDS website or services after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
If a material change requires additional notice or consent under applicable law, PDS will provide that notice or obtain that consent as required.
23. Governing Law
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute arising from these Terms or your use of PDS products or services will be handled in accordance with applicable California law and any applicable dispute-resolution provisions.
24. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.
25. Entire Agreement
These Terms, together with applicable product-specific terms, warranty terms, purchase terms, subscription terms, policies, and agreements referenced herein, constitute the agreement between you and PDS regarding the applicable use of the PDS website and services.
If there is a conflict between these Terms and a product-specific or service-specific agreement, the applicable specific agreement will control to the extent of the conflict.
26. Contact Performance Data Systems
Questions about these Terms, your order, a PDS product, software, subscription, warranty, return, or other service can be directed to PDS Customer Service.
Performance Data Systems
23 Spectrum Pointe Drive
Suite 208
Lake Forest, CA 92630
United States
Customer Service:
(949) 652-6300
support@racepds.com
Related Policies
For additional information, please review the applicable PDS policies:
- Privacy Policy
- Shipping Policy
- Return Policy
- Warranty Policy
- Cookie Policy
- Subscription Terms, where applicable
Last Updated: August 19, 2026