Terms of Service
Last updated: December 2024
These Terms of Service govern your use of FPS Engineering services, including the Forensic Performance Report, Guided Performance Sessions, and Advanced Systems Engineering. By purchasing or booking a service, you agree to these terms.
Services Provided
Forensic Performance Report. A structured written analysis of your system's performance characteristics, delivered as a PDF document within 24–48 hours of receiving your submitted data. The report constitutes advice and analysis — it is not a guarantee of specific performance outcomes.
Guided Performance Sessions. Live remote-assisted sessions where we supervise and guide you through implementing changes to your system. You retain full control of your system at all times. Sessions require a completed Forensic Report and are booked via Calendly.
Advanced Systems Engineering. Extended engagement for high-demand multi-workload systems. Scope and pricing are agreed individually prior to commencement.
Performance Guarantee
Guided Performance Sessions (Essentials and Complete) carry a performance guarantee: if before/after CapFrameX benchmark data does not show measurable improvement in frametime metrics, the session fee will be refunded in full.
The guarantee applies to sessions where:
- A valid CapFrameX baseline was captured before the session began
- The final benchmark was captured under comparable conditions to the baseline
- The client followed all reasonable guidance provided during the session
The guarantee does not apply to the Forensic Performance Report, which is an analytical service. It does not apply where the client's hardware is found to be the primary constraint, as determined by the Report findings.
Client Responsibilities
For the Forensic Report to be produced accurately, clients must submit:
- Accurate system specifications
- A valid CapFrameX export or equivalent frametime data
- An honest description of their system's current behaviour and issues
For guided sessions, clients must:
- Be present and in control of their system throughout the session
- Have created a system restore point before the session begins (we will verify this)
- Have a completed Forensic Report on their system
Limitations of Service
FPS Engineering provides configuration analysis and optimisation guidance. We do not guarantee specific FPS figures, compile times, or other performance targets. System performance is affected by many variables including hardware condition, driver compatibility, and environmental factors that cannot be fully controlled.
Our services do not include hardware installation, physical system modification, or in-person visits. All sessions are conducted remotely.
We will not implement changes that we assess as carrying unacceptable risk to system stability, security, or hardware longevity, regardless of client request. This includes disabling security mitigations, applying excessive voltage, or implementing unvalidated registry modifications.
Payments and Refunds
Payments for the Forensic Report are non-refundable once the report has been delivered. If we are unable to produce a useful report due to insufficient or invalid data submitted, we will either request supplementary data or offer a full refund at our discretion.
Guided session fees are subject to the performance guarantee described above. Outside of the guarantee, session fees are non-refundable once a session has commenced.
Refund requests should be sent to hello@fpsengineering.com within 7 days of the relevant service delivery date.
Intellectual Property
The Forensic Report delivered to you is for your personal use. The report content and format are proprietary to FPS Engineering. You may share the report for personal reference but may not reproduce or redistribute it commercially.
Limitation of Liability
To the maximum extent permitted by law, FPS Engineering's liability for any service is limited to the amount paid for that service. We are not liable for any indirect, incidental, or consequential losses arising from use of our services.
Our services involve guidance on system configuration. While we take all reasonable care, we cannot be held responsible for system issues that arise from client actions taken outside of our direct supervision.
Governing Law
These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Contact
For any queries regarding these terms: hello@fpsengineering.com